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Zoning By-law 2001-58
1
The Corporation of the Township of Hamilton
By-law Number 2001-58
Comprehensive Zoning By-law
COMPREHENSIVE ZONING BY-LAW 2001-58 - October 16, 2001
Consolidated to October 31, 2025
Zoning By-law 2001-58
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Contents
Section 1 - Purpose ............................................................................................... 8
Section 2 - Title .................................................................................................... 9
Section 3A - General Definitions ........................................................................... 10
Section 3B - Oak Ridges Moraine Conservation Plan Area ...................................... 29
Section 4 - Administration ................................................................................... 39
4.1 Zoning Administration .............................................................................. 39
4.2 Issuance of Building Permits .................................................................... 39
4.3 Applications for Building Permits .............................................................. 39
4.4 Potable Water ......................................................................................... 39
4.5 Sewage Disposal System ......................................................................... 40
4.6 Conservation Authority ............................................................................ 40
4.7 Inspection of Land or Buildings ................................................................ 40
4.8 Violations and Penalties ........................................................................... 40
4.9 Occupation of Buildings ........................................................................... 40
4.10 Certificate of Conversion .......................................................................... 40
4.11 Validity ................................................................................................... 40
4.12 Effective Date ......................................................................................... 41
4.13 Existing By-laws ...................................................................................... 41
4.14 Repeal of Existing Zoning By-law .............................................................. 41
4.15 Application .............................................................................................. 41
4.16 Interpretation ......................................................................................... 41
4.17 Zones ..................................................................................................... 41
Section 5 - General Provisions ............................................................................. 43
5.1 Accessory Buildings and Structures ........................................................... 43
5.2 Additional Residential Units ...................................................................... 43
5.3 Agriculture - Minimum Distance Separation .............................................. 45
5.4 Area of Influence .................................................................................... 46
5.5 Backyard Hens ........................................................................................ 46
5.6 Buffer Strips ............................................................................................ 46
5.7 Development on a Private Road ............................................................... 47
5.8 Development on a Township Road/Public Road/Street or County Road ....... 47
5.9 Development on Summer Maintained Public Road ..................................... 47
5.10 Development on an Un-Assumed Public Road ........................................... 48
5.11 Development on an Unopened Public Road Allowance ............................... 48
5.12 Dwelling Unit as an Accessory Use in a Non-Residential Setting .................. 48
5.13 Existing Undersized Lots .......................................................................... 48
5.14 Fire Wood Processing Operations (By-law 2016-46) ................................... 48
5.15 Garden Suites ......................................................................................... 50
5.16 Group Homes .......................................................................................... 51
5.17 Health Approval ...................................................................................... 51
5.18 Height Exceptions ................................................................................... 51
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5.19 Holding Zones ......................................................................................... 52
5.20 Home Industry ........................................................................................ 52
5.21 Home Occupations .................................................................................. 54
5.22 Lands in the Vicinity of Watercourses or Embarkments .............................. 55
5.23 Lands Severed by Public Utility Lines ........................................................ 55
5.24 Loading Space Requirements.................................................................... 55
5.25 Multiple Uses on One Lot ......................................................................... 56
5.26 Non-Complying Buildings and Structures ................................................... 56
5.27 Non-Conforming Uses .............................................................................. 56
5.28 Oak Ridges Moraine Provisions ................................................................. 58
5.29 Obnoxious Uses ...................................................................................... 60
5.30 Outdoor Woodburning Furnaces ............................................................... 61
5.31 Parking Provisions ................................................................................... 61
5.32 Planned Width of Road ............................................................................ 63
5.33 Prohibited Uses ....................................................................................... 64
5.34 Prohibitions ............................................................................................. 64
5.35 Public Uses and Utilities ........................................................................... 65
5.36 Replacement of Buildings and Structures .................................................. 66
5.37 Setback from Pipeline .............................................................................. 66
5.38 Swimming Pools ...................................................................................... 66
5.39 Sight Triangles ........................................................................................ 66
5.40 Temporary Uses ...................................................................................... 66
5.41 Truck, Bus and Coach Bodies ................................................................... 67
5.42 Yard Encroachments ................................................................................ 67
Section 6 - Permanent Agriculture (PA) ................................................................ 68
6.1 Preamble ................................................................................................ 68
6.2 Permitted Uses ........................................................................................ 68
6.3 Zone Regulations .................................................................................... 68
6.4 General Provisions ................................................................................... 69
6.5 Special Permanent Agricultural Zones (PA) ................................................ 69
Section 7 - Marginal Agriculture (MA)................................................................... 79
7.1 Preamble ................................................................................................ 79
7.2 Permitted Uses ........................................................................................ 79
7.3 Zone Regulations .................................................................................... 80
7.4 General Provisions ................................................................................... 81
7.5 Special Marginal Agriculture (MA) Zones ................................................... 81
Section 8 - Estate Residential (ER) ....................................................................... 93
8.1 Preamble ................................................................................................ 93
8.2 Permitted Uses ........................................................................................ 93
8.3 Zone Regulations .................................................................................... 93
8.4 General Provisions ................................................................................... 94
8.5 Special Estate Residential (ER) Zones ....................................................... 94
Section 9 - Rural Residential (RR) ........................................................................ 95
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9.1 Preamble ................................................................................................ 95
9.2 Permitted Uses ........................................................................................ 95
9.3 Zone Regulations .................................................................................... 95
9.4 General Provisions ................................................................................... 96
9.5 Special Rural Residential (RR) Zones ........................................................ 96
Section 10 - Limited Service Residential (LSR) .................................................... 108
10.1 Preamble .............................................................................................. 108
10.2 Permitted Uses ...................................................................................... 108
10.3 Zone Regulations .................................................................................. 108
10.4 General Provision .................................................................................. 109
10.5 Special Limited Service Residential (LSR) Zones ...................................... 109
Section 11 - Waterfront Residential (WR) ........................................................... 111
11.1 Preamble .............................................................................................. 111
11.2 Permitted Uses ...................................................................................... 111
11.3 Zone Regulations .................................................................................. 111
11.4 General Provisions ................................................................................. 112
11.5 Special Waterfront Residential (WR) Zones ............................................. 112
Section 12 - Mobile Home Residential (MHR) ...................................................... 114
12.1 Preamble .............................................................................................. 114
12.2 Permitted Uses ...................................................................................... 114
12.3 Zone Regulations .................................................................................. 114
12.4 General Provisions ................................................................................. 115
Section 13 - Urban Residential First Density (UR1).............................................. 116
13.1 Preamble .............................................................................................. 116
13.2 Permitted Uses ...................................................................................... 116
13.3 Zone Regulations .................................................................................. 116
13.4 General Provisions ................................................................................. 117
13.5 Special Urban Residential First Density Zones (UR1) ................................ 117
Section 14 - Urban Residential Second Density (UR2) ......................................... 126
14.1 Preamble .............................................................................................. 126
14.2 Permitted Uses ...................................................................................... 126
14.3 Zone Regulations .................................................................................. 126
14.4 General Provisions ................................................................................. 128
Section 15 - Urban Multiple Residential (UMR) .................................................... 129
15.1 Preamble .............................................................................................. 129
15.2 Permitted Uses ...................................................................................... 129
15.3 Zone Regulations .................................................................................. 129
15.4 General Provisions ................................................................................. 130
15.5 Special Urban Multiple Residential Zones (UMR) ...................................... 130
Section 16 - Rural Commercial (RC) ................................................................... 132
16.1 Preamble .............................................................................................. 132
16.2 Permitted Uses ...................................................................................... 132
16.3 Zone Regulations .................................................................................. 132
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16.4 General Provisions ................................................................................. 133
16.5 Special Rural Commercial Zones (RC) ..................................................... 133
Section 17 - Rural Highway Commercial (RHC) ................................................... 135
17.1 Preamble .............................................................................................. 135
17.2 Permitted Uses ...................................................................................... 135
17.3 Zone Regulations .................................................................................. 136
17.4 General Provisions ................................................................................. 137
17.5 Special Rural Highway Commercial Zones (RHC) ..................................... 137
Section 18 - Waterfront/Resort Commercial (WRC) ............................................. 143
18.1 Preamble .............................................................................................. 143
18.2 Permitted Uses ...................................................................................... 143
18.3 Zone Regulations .................................................................................. 143
18.4 General Provisions ................................................................................. 145
18.5 Special Waterfront/Resort Commercial Zones (WRC) ............................... 146
Section 19 - Hamlet Commercial (HC) ................................................................ 150
19.1 Preamble .............................................................................................. 150
19.2 Permitted Uses ...................................................................................... 150
19.3 Zone Regulations .................................................................................. 151
19.4 General Provisions ................................................................................. 153
19.5 Special Hamlet Commercial Zone (HC) .................................................... 153
Section 20 - Rural Industrial (RI) ....................................................................... 158
20.1 Preamble .............................................................................................. 158
20.2 Permitted Uses ...................................................................................... 158
20.3 Zone Regulations .................................................................................. 159
20.4 General Provisions ................................................................................. 161
20.5 Special Rural Industrial Zones (RI) ......................................................... 161
Section 21 - Hamlet Industrial (HI) .................................................................... 164
21.1 Preamble .............................................................................................. 164
21.2 Permitted Uses ...................................................................................... 164
21.3 Zone Regulations .................................................................................. 164
21.4 General Provisions ................................................................................. 166
21.5 Special HI - Hamlet Industrial Zones (HI) ............................................... 166
Section 22 - Mineral Extractive "A" (MXA) .......................................................... 167
22.1 Preamble .............................................................................................. 167
22.2 Permitted Uses ...................................................................................... 167
22.3 Zone Regulations .................................................................................. 167
22.4 General Provisions ................................................................................. 168
Section 23 - Mineral Extractive "B" (MXB) .......................................................... 169
23.1 Preamble .............................................................................................. 169
23.2 Permitted Uses ...................................................................................... 169
23.3 Zone Regulations .................................................................................. 169
23.4 General Provisions ................................................................................. 170
23.5 Special Mineral Extractive "B" Zones (MXB) ............................................. 170
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Section 24 -Waste Disposal (WD) ...................................................................... 171
24.1 Preamble .............................................................................................. 171
24.2 Permitted Uses ...................................................................................... 171
24.3 Zone Regulations .................................................................................. 171
24.4 General Provisions ................................................................................. 172
Section 25 -Community Facility (CF) .................................................................. 173
25.1 Preamble .............................................................................................. 173
25.2 Permitted Uses ...................................................................................... 173
25.3 Zone Regulations .................................................................................. 173
25.4 General Provisions ................................................................................. 174
25.5 Special Community Facility Zones (CF) .................................................... 174
Section 26 -Open Space (OS) ............................................................................ 177
26.1 Preamble .............................................................................................. 177
26.2 Permitted Principal Uses ........................................................................ 177
26.3 Zone Regulations .................................................................................. 177
26.4 General Provisions ................................................................................. 177
26.5 Special Open Space Zones (OS) ............................................................. 178
Section 27 -Environmental Protection-Wetland (EP-W) ........................................ 181
27.1 Preamble .............................................................................................. 181
27.2 Permitted Uses ...................................................................................... 181
27.3 Zone Regulations .................................................................................. 181
27.4 General Provisions ................................................................................. 181
Section 28 -Environmentally Sensitive Areas (ES) ............................................... 182
28.1 Preamble .............................................................................................. 182
28.2 Permitted Uses ...................................................................................... 182
28.3 Zone Regulations .................................................................................. 182
28.4 General Provisions ................................................................................. 182
Section 29 -Oak Ridges Moraine Environmental (ORME) ..................................... 183
29.1 Preamble .............................................................................................. 183
29.2 Permitted Principal Uses ........................................................................ 183
29.3 Zone Provisions ..................................................................................... 183
29.4 Special Oak Ridges Moraine Environmental Zone 1 (ORME-1) By-law 2024-43
.......................................................................................................................183
Section 30 -Oak Ridges Moraine Core (ORMC) .................................................... 184
30.1 Preamble .............................................................................................. 184
30.2 Permitted Uses ...................................................................................... 184
Section 31 -Oak Ridges Moraine Linkage (ORML) ............................................... 185
31.1 Preamble .............................................................................................. 185
31.2 Permitted Uses ...................................................................................... 185
31.3 Zone Provisions ..................................................................................... 185
Section 32 -Oak Ridges Moraine Countryside (ORMCO) ....................................... 186
32.1 Preamble .............................................................................................. 186
32.2 Permitted Uses ...................................................................................... 186
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32.3 Zone Provisions ..................................................................................... 186
32.4 Special Oak Ridges Moraine Countryside Zones ....................................... 187
32.5 Special Oak Ridges Moraine Countryside Zone-2 (ORMCO-2) By-law 2024-43
.......................................................................................................................187
Section 33 -Oak Ridges Moraine Rural Settlement (ORMRS) ................................ 188
33.1 Preamble .............................................................................................. 188
33.2 Permitted Uses ...................................................................................... 188
33.3 Zone Provisions ..................................................................................... 188
Section 34 -Oak Ridges Moraine Mineral Extractive (ORMME) .............................. 189
34.1 Preamble .............................................................................................. 189
34.2 Permitted Uses ...................................................................................... 189
34.3 Zone Provisions ..................................................................................... 189
Section 35 -Oak Ridges Moraine Environmental Plan Review (ORMEPR) ............... 190
Appendix 'A' - Illustration of Sight Triangles ....................................................... 191
Appendix 'B' - Illustration of Building Height Determinations ............................... 192
Appendix 'C' - Illustration of Yard Definitions ...................................................... 193
Appendix 'D' - Illustration of Yard Definitions ..................................................... 193
Zoning By-law 2001-58
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Section 1 - Purpose
This comprehensive Zoning By-law is intended to prohibit the use of land and the
erection or use of buildings or structures for or except for such purposes as set down in
this by-law; to prohibit the erection or use of buildings on land which is subject to
flooding, or on land by reason of its rocky, marshy or unstable character the cost of
construction of satisfactory waterworks, sewage, or drainage facilities is prohibitive; to
regulate the height, bulk, location, size, floor area, spacing, character and use of
buildings or structures; to regulate the minimum frontage and depth of a parcel of land
and the portion of the area thereof that any building or structure may occupy; to require
loading and parking facilities for buildings or structures erected or used for certain
purposes; to prohibit the making or establishment of pits and quarries within defined
areas and to regulate the making or establishment of pits and quarries within defined
areas of the Township of Hamilton.
Zoning By-law 2001-58
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Section 2 - Title
This By-law shall be cited as "Zoning By-law No. 2001-58" and shall apply to all land
included within the Township of Hamilton save and except for those lands included
within the Oak Ridges Moraine as shown on the attached Schedules.
Any By-Law of the Township of Hamilton which is inconsistent with the provisions of this
By-Law is hereby repealed.
Read a first time this 16th day of October 2001.
Read a second time this 16th day of October 2001.
Read a third time and finally passed this 16th day of October 2001.
Original Signed by:
Original Signed by:
Fred Holloway, Reeve
Peggy Cramp, Administrator
I hereby certify that the following is a true copy of By-law No. 2001-58 as enacted by the
Council of the Corporation of the Township of Hamilton.
16th day of October 2001.
Clerk, Township of Hamilton
Zoning By-law 2001-58
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Section 3A - General Definitions
This Section contains terms and definitions which shall apply throughout the defined
area of this By-law. Section 3B contains additional terms and definitions which shall
apply within the area designated 'Oak Ridges Moraine Conservation Plan Area' on the
Maps comprising Schedules "A" and "M". Where there is any conflict between the
definitions in Section 3B and those in Section 3A, as they apply to the area designated
"Oak Ridges Moraine Conservation Plan Area" on the Maps comprising a part of this
By-law, the definitions in Section 3B shall prevail.
For the purposes of this By-law, the definitions and interpretations in this Section shall
govern unless the context indicates otherwise. The word "shall" is mandatory and not
directory. Words used in the present tense include the future tense and the reverse.
Words used in the plural number include the singular number and the reverse.
"Abattoir" shall mean a slaughter-house designed for the purpose of killing animals,
skinning, dressing and cutting up of carcass, wrapping for sale for human consumption
with cooler and freezer storage and may include indoor confinement of animals while
awaiting slaughter but shall not include the manufacturing of meat by-products or any
process related to rendering plants such as the manufacture of tallow, grease, glue,
fertilizer, or any other inedible product.
"Accessory" shall mean a use which is clearly incidental to, and is customarily found in
connection with, such principal use; and, in the same ownership as such principal use,
or is operated and maintained on the same zoning lot substantially for the benefit or
convenience of the owners, occupants, employees, customers, or visitors of the
principal use.
"Additional Residential Unit" shall mean a self-contained residential unit containing a
private kitchen, bathroom facilities and sleeping areas within dwellings or within
structures (such as above a garage or within a detached accessory structure),
accessory to the principal residential dwelling and located on the same lot.
"Adjacent Lands (Wetland)" shall mean those lands within 120 metres (393.7 feet) of an
individual Environmental Protection Wetland Zone.
"Aggregate" shall mean gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite, rock or other prescribed material.
"Agriculture/Agricultural Use" shall mean the growing of crops, including nursery,
biomass, and horticultural crops; raising of livestock; raising or other animals for food,
fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup
production; and associated on-farm buildings and structures, including, but not limited to
livestock facilities, manure storages, value-retaining facilities, and housing for farm
workers, when the size and nature of the operation requires additional employment."
"Agriculture-Related Use" shall mean those farm-related commercial and farm-related
industrial uses that are directly related to farm operations in the area, support
agriculture, benefit from being in close proximity to farm operations, and provide direct
products and/or services to farm operations as a primary activity.
"Agriculture, Intensive" shall mean lands which are used for the purposes of
accommodating livestock which either exceed 150 livestock units or exceed 50 livestock
units with a livestock density of greater than 5 livestock units per tillable hectare.
"Agricultural Produce Sales Outlet" shall mean a use accessory to a farm which consists
of the retail sale of agricultural products produced on the farm where such outlet is
located.
Zoning By-law 2001-58
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"Alter" shall mean any alteration in a bearing wall or partition, column, beam, girder or
other supporting member of a building or structure or any increase in the area or cubic
contents of a building or structure.
"Assembly Operation" shall mean the assembling of finished parts or materials into a
final product but shall not include any large scale manufacturing operation or any
operation discharging large amounts of liquids.
"Auction Outlet" shall mean a building or part of a building where goods, merchandise,
substances, articles or things are sold at a public sale to the person who bids or offers a
higher price than any other is willing to pay.
"Automobile" shall mean any vehicle propelled or driven otherwise than by muscular
power, but does not include railway cars powered by steam, electricity or diesel fuel or
other vehicles running upon rails.
"Automobile Body Shop" shall mean a building or structure where automotive cleaning,
polishing, body repair and repainting is conducted but shall not include any other
automotive use.
"Automobile Sales Agency (New or Used)" shall mean a building and/or lot used for the
display and sale of new and used automobiles and may include the servicing, repair and
repainting of automobiles, the leasing or renting of utility or boat trailers and
automobiles and the sale of automotive accessories and related products but shall not
include any other defined automotive use.
"Automobile Service Station" shall mean a building or place where gasoline, propane,
natural gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories, spark plugs,
batteries and other related items for automobiles, trucks, motorcycles, and snowmobiles
are stored or kept for sale, or where such vehicles may be oiled, greased, washed or
have their ignitions or brakes adjusted, tires inflated, batteries charged or more
generally where repair or equipping of motor vehicles is executed or performed. An
automobile service station may operate on a self-serve basis.
"Basement" shall mean one or more storeys of a building below the first storey that is
partially below grade.
"Bed and Breakfast Establishment" shall mean a single detached dwelling containing
not more than 3 guest rooms used or maintained for the short-term accommodation of
the public, in which the owner or head lessee supplies, for hire or gain, lodgings with or
without meals for 3 or more persons but does not include other establishments
otherwise defined or classified herein.
"Boarding or Rooming House" shall mean a dwelling in which long-term lodging with or
without meals is supplied for gain to three (3) or more persons other than the lessee,
tenant or owner of said dwelling, but does not mean or include a motel, hotel, hospital or
similar commercial, community facility or institutional use, an apartment building or a
bed and breakfast establishment.
"Building" as defined in The Building Code Act, as amended shall mean in part:
a) A structure occupying an area greater than ten (10) square metres (108
square feet) consisting of a wall, roof and floor or any of them or a
structural system serving the function thereof including all plumbing,
works, fixtures and service systems appurtenant thereto;
b) Other structures designated in the Building Code.
"Building, Accessory" shall mean a detached, subordinate building or structure that is
naturally and normally incidental and subordinate to a principal use of a building or
Zoning By-law 2001-58
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structure and is located on the same lot, and shall include a detached private garage,
detached carport, or boat house.
"Building Height" shall mean the vertical distance between the established grade and
(see Appendix 'B'):
a) The highest point of a flat roof;
b) The deck line of a mansard or gambrel roof; or
c) The mean height between the eaves and ridges of a gable or hip roof.
But exclusive of a roof or penthouse structure accommodating an elevator,
staircase, tank, ventilating fan or other similar equipment; a smoke stack;
barn; silo; communications tower; drive-in theatre screen; or other
utilitarian structure which does not provide habitable living space.
"Building Line, Established" shall mean the average setback of the existing buildings. An
established building line is defined as when at least three principal buildings have been
erected on any one side of a continuous 300 metres (984.3 feet) of land with street
frontage.
"Building, Supply Outlet" shall mean an establishment where building supplies including
lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning and
similar items are displayed, stored and/or sold.
"Building, Principal" shall mean a building or structure in which the primary use is
conducted.
"Bulk Storage Yard" shall mean a place where land is used for the storage in the open
of goods and materials, machinery, petroleum products and/or equipment, but does not
include the storage of such items as would require approval under The Public Health
Act, as amended, nor does it include a salvage yard as defined by this By-law.
"Bunkhouse" shall mean a separate building without sanitary sewage facilities used or
intended to be used for the seasonal accommodation of workers on a farm, in which
lodging with or without meals is supplied or is intended to be supplied to such
employees, and which use is not for profit, reward or gain.
"Business Office" shall mean any building or part of a building in which one or more
persons are employed in the management or direction of any agency, business,
brokerage, labour or fraternal organization and shall include a newspaper plant, radio
and television broadcasting studio, a theatre and a union hall.
"By-law Enforcement Officer" shall mean the officer or employee of the Township of
Hamilton appointed by the Corporation with the duty of enforcing the provisions of the
Zoning By-law.
"Carport" shall mean a building or structure that has less than 60% of its total perimeter
enclosed by walls, doors or windows which is used for the parking or storage of private
passenger motor vehicles or commercial vehicles of less than one tonne capacity and
wherein neither servicing nor repairing of motor vehicles is carried on for remuneration.
"Car Wash" shall mean a building or structure for the operation of automobile washing.
"Car Wash, Automatic" shall mean a car wash where the labour is not supplied by the
patron.
"Car Wash, Coin Operated" shall mean a car wash where the patron supplies the
labour.
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"Cartage or Express Truck Terminal" shall mean a building, structure or place where
trucks or tractor trailers are rented, leased, kept for hire, or stored or parked for
remuneration, or from which trucks or transports, stored or parked on the property, are
dispatched for hire as common carriers, and which may include a warehouse.
"Certificate of Occupancy" shall mean a certificate issued by the Chief Building Official
(or designate) for the occupancy of any land, building or structure, residential,
commercial or industrial purposes to the effect that the proposed use or activity
complies with this By-law.
"Chief Building Official" shall mean the officer or employee of the Township of Hamilton
appointed by the Corporation with the duty of administering the provisions of the Ontario
Building Code, Building By-law and Zoning By-law.
"Cemetery" shall mean a cemetery or columbarium within the meaning of The Cemetery
Act, as amended.
"Church" means a building which may include a Church Hall, Auditorium, Sunday
School, Convent, Monastery or other related uses and places of Worship, dedicated to
public worship by a recognized religion that is:
a) Charitable according to the laws of Ontario;
b) Organized for the conduct of religious worship; and
c) Permanently established both as to the continuity of its existence and as
to its religious beliefs and practices.
"Clinic" shall mean a building or part thereof used by qualified medical practitioners,
dentists, osteopaths, or drugless practitioners, numbering more than two for public or
private medical, surgical, physiotherapeutic or other human health purposes, but does
not include a private or public hospital.
"Club, Commercial" shall mean any club other than a private club. This may include a
social, recreational or athletic facility or any other organization.
"Club, Private" shall mean a building or part of a building used as a meeting place for
members of an organization and includes a lodge, a fraternity, and a labour union hall.
Such private clubs shall not be operated for profit.
"Commercial" shall mean the use of land, buildings or structures for the purposes of
buying and selling commodities and supplying services as distinguished from such uses
as the manufacturing or assembling of goods, warehousing, transport terminals,
construction and other similar uses.
"Conservation/Conservation Uses" shall mean the preservation, protection,
improvement and use of land and/or water for the purposes of planned management of
these natural resources.
"Community Centre" shall mean any tract of land, building or buildings used for
community activities whether used for commercial purposes or not, the control of which
is operated under The Community Centres Act, as amended from time to time.
"Contractor's Yard" shall mean any building, structure or lot used for the storage in the
open, of goods and materials, machinery and/or equipment normally utilized by the
construction industry and may include the repair of machinery, but does not include any
manufacturing assembly or fabrication uses or the storage of such items as would
require approval under The Health Promotion and Protection Act, as amended. Nor
does it include a salvage yard as defined by this By-law.
Zoning By-law 2001-58
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"Cord of wood" (By-law 2016-46) shall mean a neatly stacked pile of wood that
measures four feet high by four feet wide by eight feet long (4 feet x 4 feet x 8 feet) and
has a volume of 128 cubic feet. (1.2 metres x 1.2 metres x 2.4 metres = 3.62 cubic
metres by volume).
"Corporation" shall mean the Corporation of the Township of Hamilton.
"Council" shall mean the Municipal Council of the Corporation of the Township of
Hamilton.
"County Road" shall mean a highway as defined in the Highway Traffic Act, as amended
that is under the jurisdiction of the County of Northumberland; (By-law 2008-26)
"Craft Shop" shall mean a building or structure where manufacturing is performed by
tradesmen or craftsmen requiring manual or mechanical skills and may include a
carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a potter's
shop, a jeweller's shop, sculptor's studio or similar uses. A craft shop may also involve
the sale of goods or materials manufactured on the premises.
"Crawl Space" means the space of a building below the first storey that is
partially below grade with a clearance height less than 1.8 metres (6 feet).
"Day Nursery" means a facility operated for pre-school age children within the meaning
of The Day Nurseries Act, as amended, and shall include a daycare centre or nursery
school.
"Designated Structures" shall mean any of the following:
a) A retaining wall exceeding 1 metre (3 feet 3.5 inches) in exposed height
adjacent to:
i. Public property;
ii. Access to a building; or
iii. Private property to which the public is admitted.
b) A pedestrian bridge appurtenant to a building;
c) A crane runway;
d) An exterior storage tank and its supporting structure that is not regulated
by the Technical Standards and Safety Act, 2000;
e) Signs regulated by the building code;
f) A solar collector that is mounted on a building and has a face area equal
to or greater than 5 square metres (54 square feet);
g) A structure that supports a wind turbine generator having a rated output of
more than 3 kW;
h) A dish antenna that is mounted on a building and has a face area equal to
or greater than 5 square metres (54 square feet);
i) An outdoor pool;
j) An outdoor public spa; and/or
Zoning By-law 2001-58
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k) A permanent solid nutrient storage facility with supporting walls exceeding
1 metre (3 feet 3.5 inches) in exposed height.
"Development" shall mean the construction, erection, or placing of a building or
structure of any kind or the making of an addition or alteration to a building or structure
that has the effect of increasing the size or usability thereof, and includes such related
activities as site grading and the placing or dumping of fill and/or any other operations
that disrupt the natural environment in, on, over or under land or water.
"Dry Cleaning Shop" shall mean a building or part of a building used for the purpose of
receiving articles or goods of fabric to be subjected to a commercial process of
laundering, dry cleaning, dry dyeing or cleaning elsewhere and for the pressing and
distribution of any such articles or goods which have been subjected to any such
process and shall include self-service laundry and/or self-service dry cleaning
establishments.
"Driveway" shall mean an area of land which provides vehicular access from the
travelled portion of a street to a parking aisle.
"Dry Industry" shall mean an industry which does not require the excessive use of water
or other fluids in an industrial process.
"Duplex" shall mean a building that is divided horizontally into two dwelling units, each
of which has an independent entrance either directly or through a common vestibule.
"Dwelling" shall mean a building or structure or part of a building or structure occupied
and capable of being occupied for human habitation and includes a building that would
be or could be intended to be used for such purpose except for its state of disrepair and
shall include any mobile home dwelling.
"Dwelling, Accessory" shall mean a single detached dwelling which is accessory to a
permitted non-residential use, located on the same lot therein and is occupied by either
the owner or the person employed on the lot where such dwelling is located.
"Dwelling Unit" shall mean a suite of two or more rooms, designed or intended for use
by one or more persons, in which sanitary conveniences are provided, in which facilities
are provided for cooking, or the installation of cooking equipment, in which a heating
system is provided and containing a private entrance from outside the building or from a
common hall or stairway inside.
"Dwelling, Multiple" shall mean a separate building containing three or more dwelling
units which are horizontally and vertically attached with masonry walls and which have
separate private entrances from the exterior of the building or from a common hallway.
"Dwelling, Senior Citizen Multiple" shall mean any multiple dwelling for senior citizen's
sponsored and administered by any public agency or any service club, church or non-
profit organization, either of which obtains its financing from Federal, Provincial or
Municipal governments, or by public subscription or donation, or by any combination
thereof, and such multiple dwellings shall include auxiliary uses such as club and
lounge facilities, usually associated with senior citizen's development.
"Dwelling, Seasonal" shall mean a detached building constructed and used as a
secondary place of residence for seasonal vacations and recreational purposes and not
as the principal residence of the owner or occupant thereof.
"Dwelling, Semi-Detached" shall mean a separate building containing two single family
dwelling units separated vertically by a common wall, each unit having separate
entrance and exit facilities.
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"Dwelling, Single Detached" shall mean a separate building designed and intended to
be occupied as a single housekeeping unit.
"Environmental Impact Study (EIS)" shall mean a study prepared in accordance with
established procedures to identify and access the impacts of Development on
Provincially Significant Wetlands.
"Erect" when used in this By-law includes construction, reconstruction, and relocation of
buildings and structures, and without limiting the generality of the work, also includes:
a) Any preliminary physical operation such as excavating, filling, regrading or
draining; or
b) Altering any existing building or structure by adding, enlarging, extending,
remodeling, renovating, moving, demolishing, or effecting other structural
changes.
"Established Grade" shall mean the average level of the finished ground adjoining a
building at all exterior walls.
"Existing" unless otherwise described shall mean existing as of the date of the passing
of this By-law.
"Farm" shall mean any farming or agricultural use and includes apiaries, aviaries, berry
or bush crops, breeding, raising, training or boarding of horses or cattle, commercial
greenhouses, farms devoted to the hatching, raising and marketing of chickens, turkeys
or other fowl or game birds, animals, fish or frogs, farms for grazing, flower gardening,
field crops, goat or cattle dairies, growing, raising, picking, treating and storing of
vegetables or fruit produced on the premises, nurseries, orchards, riding stables, the
raising of sheep or uses or enterprises as are customarily carried on in the field of
general agriculture not including a specialized farm as defined. Farm includes a single-
family dwelling house, and such principle or main buildings and structures as a barn or
silo, as well as accessory buildings and structures which are incidental to the operation
of the farm.
"Farm Implement Dealer" shall mean an establishment for the repair and/or sale of
agricultural implements including the sale of fuel, lubricants and related items for
agricultural equipment on the same premises.
"Farm Produce Outlet" shall mean a use accessory to a permitted farm which consists
of a retail sale of agricultural products.
"Farm Supply Dealer" shall mean a building, structure or area where farm equipment
and farm supplies are kept for sale at retail but shall not include any other establishment
otherwise defined or classified herein.
"Factory Outlet" shall mean a building or part of a building where products are
manufactured and/or assembled on the premises by the industry occupying such
building and from which such products may be retailed and/or wholesaled as an
accessory use provided that the retail and/or wholesale operation does not exceed 15%
of the gross floor area of the building or portion thereof within which the industrial use is
located.
"Fire Wood Processing Operation" (By-law 2016-46):
A fire wood processing operation is defined as an establishment that processes and
stores timber for firewood, for personal use and/or sale of the value-added product from
lands that are within the Official Plan Agriculture or Rural designations of the Township.
The operations are further defined as follows:
Zoning By-law 2001-58
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a) Medium Scale: This operation may process up to 4 loads (60 cords of
final product) of imported wood per calendar year for personal use and/or
sales of the value-added product of up to 50 cords of wood per calendar
year. The subject lots shall be within Official Plan Agriculture or Rural
designations of the Township and enjoy a minimum of 2.02 ha (5 ac) of
land area. Additional General Provisions will also apply.
b) Large Scale: This operation may process unlimited loads of imported
wood per calendar year, for personal use and/or sales of the value-added
product. The subject lots shall be within Official Plan Agriculture or Rural
designations of the Township and enjoy a minimum of 10.17 ha (25 ac) of
land area. Additional General Provisions will also apply.
"Flood Plain" shall mean the area, usually low lands, adjoining a watercourse which has
been, or may be, covered by flood waters as determined in conjunction with the
Ganaraska Region Conservation Authority.
"Floor Area, Gross" shall mean the total floor area of all the storeys of a building and
shall include the floor area of any apartment or areas common to the tenants, which
floor areas are measured between exterior faces of the exterior walls of the building at
each floor level but excluding car parking areas within the building and any finished or
unfinished basement. For purposes of this definition, the walls of an inner court are and
shall be deemed to be exterior walls.
"Floor Area, Ground" shall mean the floor area of the lowest storey of a building,
approximately at or first above the finished grade level, of which the area is measured
between the exterior faces of the exterior walls at the floor level of such storey but
excludes car parking areas within the building and any finished or unfinished basement.
For purposes of this paragraph, the walls of an inner court are and shall be deemed to
be exterior walls.
"Forestry/Forestry Uses" shall mean the management, development, cultivation and
harvesting of timber resources to ensure the continuous production of wood or wood
products, provision of proper environmental conditions for wildlife, protection against
floods and erosion, protection and production of water supplies, and preservation of the
recreation resource
"Funeral Home" shall mean a building, or a portion of a building, designed for the
purposes of furnishing funeral supplies and services to the public and includes facilities
intended for the preparation of the dead human body for interment or cremation.
"Garage, Commercial" shall mean a building, lot or structure where commercial motor
vehicles are stored or where vehicles are repaired or maintained.
"Garage, Private" shall mean a separate building or a part of the principal building used
for the parking or storage of private passenger motor vehicles or commercial vehicles of
less than one tonne capacity and wherein neither servicing nor repairing is carried on
for remuneration.
"Garden Suite" shall mean a manufactured detached dwelling consisting of separate
modular or panelized sections which are designed to permit easy delivery to and
assembly into one integral unit on a specific site, and which are reusable and designed
to permit easy disassembly for transport back to the factory or to another site at an
appropriate time. A garden suite is intended for the sole occupancy of one or two adult
persons specifically named within a site plan agreement between the registered
property owner and the Township of Hamilton. Under no circumstances shall a garden
suite be defined to include a single wide or double wide mobile home, a travel trailer,
tent trailer or trailer otherwise designed.
Zoning By-law 2001-58
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"Gift Shop" shall mean a building or part of a building where crafts, souvenirs, gifts or
similar items are offered or kept for sale at retail to the general public but shall not
include any other establishment otherwise defined or classified in this By-law.
"Golf Course" shall mean a public or private area operated for purposes of playing golf
and includes a par 3 or larger golf course, a miniature golf course and driving range.
"Greenhouse" shall mean a building for the growing of plants, shrubs, trees and similar
vegetation which are primarily intended to be transplanted outdoors within private
residential gardens and/or agricultural/farm settings.
"Group Home" shall mean a dwelling unit in which not less than three and no more than
six people receive specialized or sheltered residential care and accommodation by
virtue of their physical, mental, emotional, social or legal status and which is approved
or licensed in accordance with any Act of the Parliament of Ontario. Without limiting the
generality of the foregoing, group homes include a home for foster children, a home for
elderly persons, a home for mentally ill or handicapped or physically disabled persons
and a home for people who are convalescing after hospital treatment and are under
medical supervision but does not include a facility maintained and operated primarily for
persons:
a) Who have been placed on probation under The Probation Act, The
Criminal Code (Canada) or The Juvenile Delinquent Act (Canada);
b) Who have been released on parole under The Ministry of Correctional
Services Act; The Parole Act (Canada) or The Provincial Offenses Act; or
c) Who are admitted to the institution for correctional purposes.
"Health Spa" shall mean a building or buildings and associated land, facilities and
accessory buildings and uses which provide for the physical and emotional treatment of
the human body.
"Hereafter" shall mean after the date of the passing of this By-law.
"Herein" shall mean in this By-law and shall not be limited to any particular section of
this By-law.
"High Water Mark" shall mean the mark made by the action of water under natural
conditions on the shore or bank of a body of water, whereby the action has been so
common and usual and so long continued that it has created a difference between the
character of the vegetation and soil on one side of the mark compared to the other side
of the mark.
"Highway" shall mean a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct, or trestle, or any part of which is intended for
or used by the public for the passage of vehicles and includes the area between the
lateral property lines thereof as defined in The Highway Traffic Act. (By-law 2008-26)
"Home Industry" shall mean an industry which is clearly incidental or secondary to the
residential use of a single detached dwelling and is conducted either entirely within a
single dwelling or in an accessory building to a single dwelling, by an inhabitant thereof.
Such industries may include but are not limited to: a veterinary hospital or clinic;
woodworking; welding; plumbing; a machine shop, a small engine repair shop, a craft
shop, repair and service shops, mechanic, light manufacturing including farm equipment
fabrication or similar use. It may also include retail sales associated with the above
uses.
"Home Occupation" shall mean a use which is clearly incidental or secondary to the
residential use of a dwelling and is conducted entirely within such a dwelling by an
Zoning By-law 2001-58
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inhabitant thereof and shall not use more than 25% of the gross floor area of the
dwelling. Such occupations may include but are not limited to: an administrative office or
office for a real estate agent; hairdresser; dressmaker; dentist; doctor; chiropractor;
physiotherapist; licensed masseur or masseuse or osteopath or other professional and
day nurseries; or a bed and breakfast establishment.
"Hospital" whether public or private shall mean a hospital as defined by The Public
Hospitals Act, as amended.
"Hotel" shall mean a building or structure used for the purposes of catering to the needs
of the travelling public by supplying sleeping accommodations, food and refreshments
and which includes a motel, motor hotel or inn.
"Imported Wood" (By-law 2016-46) shall mean raw, un-milled trees brought in from an
outside source.
"Institution" shall mean a building or part of a building used for non-commercial
purposes by a public authority, organized body, religious group or society such as a
public hospital, library, church, school, nursery school, convent or similar use and shall
include a Community Facility.
"Kennel" shall mean a building or structure where dogs, cats, or other domestic
household pets are kept, boarded and/or bred and the operation is registered by an
appropriate recognized professional organization or club.
"Landscaped" shall mean an area not built upon and not used for any purpose other
than as a landscaped area and which shall include at least a hedgerow of hardy shrubs
or similar type of vegetation not less than 0.3 metres (1 feet) in height at the time of
planting and which, when fully grown, will reach a height of not less than 2 metres (6.6
feet), extending the full length of the landscaped area and be maintained in a healthy
growing condition. A landscaped area does not include driveways, parking spaces or
parking aisles.
"Livestock" shall mean farm animals kept for use, for propagation, or for intended profit
or gain and without limiting the generality of the foregoing includes: dairy and beef
cattle, horses, swine, sheep, laying hens, chicken and turkey broilers, turkeys, goats,
geese, mink, rabbits, ducks, emu, fox, ostrich and donkeys.
"Livestock Facility" shall mean a farm unit which includes the raising or keeping of
livestock as defined herein.
"Loading Space" shall mean an unencumbered area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and which
area:
a) Is provided for the temporary parking of one commercial motor vehicle
while merchandise or materials are being loaded or unloaded from such
vehicle, and such parking shall not be for purposes of sale or display;
b) Is suitable for the temporary parking of one commercial motor vehicle;
c) Is not upon or partly upon any street, lane or alley; and
d) Has adequate access to permit ingress and egress of a commercial motor
vehicle from a street by means of driveways, aisles, maneuvering areas or
similar areas, no part of which shall be used for the temporary parking or
storage of one or more motor vehicles.
Zoning By-law 2001-58
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"Lodge" shall mean an establishment catering to the vacationing public by providing
meals and sleeping accommodation to at least five (5) guests in rooms or cabins but
shall not include any establishment otherwise defined herein.
"Lot" shall mean a parcel of land, the boundaries of which are defined in the last
registered instrument by which legal or equitable title to the said parcel was lawfully and
effectively conveyed or which is a whole lot as shown on a Registered Plan of
Subdivision subject to the provisions of The Planning Act.
"Lot Area" shall mean the total horizontal area within the lot line of a lot, and in the case
of a corner lot having street lines rounding at the corner with a radius of six (6) metres
(19.7 feet) or less, the lot area of such lot is to be calculated as if the lot lines were
projected to their point of intersection.
"Lot, Corner" shall mean a lot situated at the intersection of two or more streets or
private roads, having an angle of intersection of not more than 135 degrees. The front
lot line on a corner lot is deemed to be either lot line abutting the street (see Appendix
'C').
"Lot Coverage" shall mean that percentage of the lot area covered by all buildings or
structures but excluding any part of a building or structure which is constructed entirely
below grade. For the purposes of calculating lot coverage, the lot coverage of each
zone shall be deemed to apply only to that portion of such lot that is located within the
said zone.
"Lot Depth" shall mean the horizontal distance between the midpoints of the front and
rear lot lines, and where there is no rear lot line, lot depth means the length of a line
within the lot between the midpoint of the front lot line and the most distance point of the
apex(s) of a triangle formed by the side lot lines.
"Lot Frontage" shall mean the horizontal distance between the side lot lines measured
along the front lot line, but where the front lot line is not a straight line or where the side
lot lines are not parallel, the lot frontage is to be measured nine (9) metres (29.5 feet)
back from the front lot line and parallel to the chord of the lot frontage. For the purposes
of this paragraph the chord of the lot frontage is a straight line joining the two points
where the side lot lines intersect the front lot line.
"Lot, Interior" shall mean a lot other than a corner lot (see Appendix 'C').
"Lot Line" shall mean any boundary of a lot.
"Lot Line, Exterior Side" shall mean the longer of the lot lines of a corner lot which abuts
a street (see Appendix 'C').
"Lot Line, Front" shall mean the line that divides a lot from a street, a private road or a
navigable waterway. In the case of a lot with frontage on a street, the front lot line shall
be deemed to be the line that divides the lot from the street. In the case of a lot with
frontage on a private road and/or a navigable waterway, either lot line may be deemed
to be the front lot line. In the case of a corner lot either lot line may be deemed to be the
front lot line (see Appendix 'C' and 'D').
"Lot Line, Rear" shall mean the lot line farthest from and opposite to the front lot line and
where the side lot lines converge at the rear of the lot to form a triangular shaped parcel
of land, the rear lot line shall mean the apex of the triangle formed by the side lot lines.
Furthermore, where the rear lot line is situated adjacent to a body of water, such lot line
shall be the line formed by the high water mark of a body of water (see Appendix 'C'
and 'D').
"Lot Line, Side" shall mean any lot line other than the rear or front lot line (see Appendix
'C').
Zoning By-law 2001-58
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"Lot, Through" shall mean a lot bounded on two opposite sides by streets provided
however that if any lot qualifies as being both a corner lot and a through lot as herein
defined, such lot shall be deemed a corner lot for the purpose of this By-law (see
Appendix 'C').
"Manufacturing" shall mean the use of land, buildings or structures for the purposes of
assembly, fabricating, making, preparing, inspecting, finishing, treating, altering,
repairing, warehousing or storing or adapting for sale of any goods, substance, article,
thing or service.
"Marina" shall mean a building or structure with access to a body of water, where boats
and boat accessories are berthed, stored, serviced, repaired or kept for sale and where
facilities for the sale of marine fuels and lubricants may be provided.
"Merchandising Service Shop" shall mean a building or part of a building in which
persons are employed in furnishing the repair or servicing of articles, machines, goods
or materials as opposed to the manufacture of same. Merchandising repair shops
include such establishments as small engine repair of such items as lawn mowers,
chainsaws and snowmobiles.
"Minimum Distance Separation" means a separation requirement as provided for by the
Ontario Ministry of Agriculture Food and Rural Affairs.
a) Minimum Distance Separation I: provides minimum distance separation for
new or expanding development from existing livestock facilities;
b) Minimum Distance Separation II: provides minimum distance separation
for new or expanding livestock facilities from existing or approved
development.
"Mobile Home" shall mean any dwelling that is designed to be mobile and constructed
or manufactured to provide a permanent residence for one or more persons within a
mobile home park in accordance with the appropriate statute, regulation or standard but
does not include a travel trailer, tent trailer or trailer otherwise designed.
"Motor Vehicle" shall mean an automobile, motorcycle, and any other vehicle propelled
or driven otherwise than by muscular power but does not include the cars of electric or
steam railways, or other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-
building machine within the meaning of The Highway Traffic Act.
"Municipality" shall mean the Corporation of the Township of Hamilton.
"Non-Complying Use" shall mean a permitted land use building or structure existing at
the date of the passing of this By-law which does not comply with a provision or
provisions of the zone within which it is located.
"Non-Conforming Use" shall mean a building, structure or land existing at the date of the
passing of this By-law which is used for purposes not permitted in the respective zone in
which it is located.
"Nuisance" shall mean any condition existing that is or may become injurious or
dangerous to health or that prevents or hinders or may prevent or hinder in any manner
the suppression of a disease.
"Nursery/Garden Centre" shall mean:
a) A place where young trees or other plants are grown for transplanting or
for sale, and may also include the sale of related accessory supplies;
Zoning By-law 2001-58
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b) Land used for the growing of flowers, bushes, trees or other gardening,
landscaping or orchard stock for wholesale or retail sale; or
c) A building or structure, and lands associated therewith, for the growing of
flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation
together with gardening tools and implements which are sold at retail from
such building or lot to the public.
"Nursing Home" shall mean:
a) A building in which the proprietor supplies for hire or gain, lodging with or
without meals and, in addition, provides nursing, medical or similar care
and treatment, if required, and includes a rest home, or convalescent
home, and any other establishment required to operate under the
appropriate statute; or
b) Any premises in which persons are cared for, lodged, either by a
charitable institution within the meaning of the appropriate statute or for
hire, where, in addition to sleeping accommodation and meals, personal
care, nursing services or medical care and treatment are provided or
made available, but shall not include a Maternity boarding house. For the
purpose of this definition, 'personal care' means personal services such as
the provision of aid to residents in walking or climbing or descending
stairs, in getting in or out of bed, in feeding, dressing, bathing or in other
matters of personal hygiene, and includes the preparation of special diets,
the provision of tray service for meals, the supervision of medication and
other similar types of personal assistance and 'resident' means a person
who is cared for or lodged for hire in such premises.
"On-Farm Diversified Use" shall mean a use that is secondary to the principal
agriculture use of the property and are limited in area. On-farm diversified uses include,
but are not limited to, home occupations, agri-tourism uses, uses that produce value-
added agricultural products, and electricity generation facilities and transmission
systems, and energy storage systems.
"Open Space/Open Space Uses" shall mean the open, unobstructed space on a lot,
including the open, unobstructed space accessible to all occupants of any residential or
commercial building or structure, which is suitable and used for the growth of grass,
flowers, bushes and other vegetation and may include any surface pedestrian walk,
patio, pool, or similar area, but does not include any driveway, ramp or parking spaces,
parking aisles, loading spaces, vehicular manoeuvring areas or similar areas.
"Outdoor Woodburning Furnace" shall mean an accessory building or structure which
operates as a heat source for associated main buildings within an agricultural zone.
"Outdoor Storage" shall mean an accessory storage area outside of the principal or
main building on the lot.
"Park, Private" shall mean a park other than a public park, operated as a business.
"Park, Public" shall mean a recreational area owned or controlled by the Corporation or
by any Board, Commission or other Authority established under any statute of the
Province of Ontario or Government of Canada.
"Parking Aisle" shall mean an area of land which abuts and provides direct vehicular
access to one or more parking spaces.
"Parking Area" shall mean an area of land which is provided and maintained upon the
same lot or lots upon which the principal use is located or upon a privately owned lot
situated within sixty (60) metres (196.9 feet) of the said lot and which areas comprise all
Zoning By-law 2001-58
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parking spaces of at least the minimum number required according to the provisions of
this By-law, and all driveways, aisles, vehicular manoeuvring areas, entrances, exits
and similar areas used for the purpose of gaining access to or egress from the said
parking spaces.
"Parking Space" shall mean an area of land having a width of not less than 2.7 metres
(8.9 feet) and a length of not less than six (6) metres (19.69 feet), exclusive of aisles or
any other land used for access or vehicular manoeuvring, for the temporary parking of
one motor vehicle. A parking space may be located in the open or within a private
garage; carport, building or other covered area and shall have adequate access to
permit ingress and egress of a motor vehicle from a street by means of driveways,
aisles or similar areas.
"Parking, Tandem" shall mean the parking of motor vehicles one behind the other.
"Person(s)" shall mean any human being, association, firm, partnership, private club,
incorporated company, corporation, agent, or trustee and the heirs, executors, or other
legal representatives of a person to whom the context can apply according to law.
"Personal Service Shop" shall mean a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons. Personal service shops may include but are not limited to
such establishments as barber shops, hairdressing salons, shoe repair and shoeshine
shops and depots for collecting and laundry.
"Pit" shall mean land or land under water from which unconsolidated aggregate is being
or has been excavated, and that has not been rehabilitated, but does not mean land or
land under water excavated for a building or other work on the excavation site or in
relation to which an order has been made under The Aggregate Resources Act.
"Private Road" shall mean a privately-owned thoroughfare or right-of-way from which
vehicular access may be taken to one or more abutting lots. A private road is not
owned, maintained or under the jurisdiction of the Township of Hamilton, County of
Northumberland or Province of Ontario and does not include a Township Road/Public
Road/Street or Summer Maintained Public Road as defined herein. (By-law 2008-26)
"Professional Office" for the purposes of this By-law, is defined as one or more of the
following examples but not limited to: the office of an Accountant, Advertising Agent,
Architect, Auditor, Chiropractor, Dentist, Engineer, Hairdresser, Insurance Agent,
Lawyer, Ontario Land Surveyor, Optometrist, Physician, Planner, or Real Estate Agent.
"Provincial Highway" shall mean a highway as defined in The Highway Traffic Act as
amended that is under the jurisdiction of the Province of Ontario. (By-law 2008-26)
"Provincially Significant Wetlands" shall mean Wetlands in the Great Lakes - St.
Lawrence Region as defined in "An Evaluation System for Wetlands of Ontario South of
the Precambrian Shield" Second Edition 1984 as amended.
"Public Use" shall mean the Corporation of the Township of Hamilton and any Boards or
Commissions thereof, or any joint Board of two or more local municipalities, any
telecommunications companies, any company supplying natural gas to the Township,
the electric authority, the County of Northumberland and any Department of the
Government of Ontario and Canada, or other similarly recognized agencies.
"Quarry" shall mean land or land under water from which consolidated aggregate is
being or has been excavated and that has not been rehabilitated but does not mean
land or land under water excavated for a building or other work on the excavation site or
in relation to which an order has been made under The Aggregate Resources Act.
Zoning By-law 2001-58
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"Raceway" shall mean a track for the running and/or training of horses which is
accessory to the function of a riding stable or farm.
"Recreational Use" shall mean the use of land for parks, playgrounds, tennis courts,
lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses,
picnic areas, swimming pools, riding clubs, day camps, community centres, snow skiing
and all similar uses, together with necessary and accessory buildings and structures,
but does not include an arcade, a track for the racing of animals, motor vehicles,
snowmobiles or motorcycles.
"Recreational Use, Active Outdoor" shall mean uses such as golf courses, lawn bowling
greens, tennis courts, outdoor skating rinks and swimming pools, together with
necessary and accessory buildings and structures.
"Recreational Use, Passive Outdoor" shall mean such uses as hiking and ski trails,
nature observation locations and open space as opposed to (for example) tennis courts,
golf courses and baseball diamonds.
"Recreational Establishment, Commercial" shall mean a building used or intended to be
used for a theatre, bowling alley, curling rink, swimming pool, billiard parlour, health
club, athletic club or similar uses.
"Religious Institution" shall mean buildings used as dwellings by religious orders for their
own members, such as a convent or monastery.
"Research Facility" shall mean a building or part of a building or an area of open space
in which investigation or inquiry for the purposes of producing new information or
products is carried on and shall be conducted in accordance with the provisions of
Sections 5.29 and 5.34 of this By-law.
"Residential" shall mean the use of land, buildings, or structures for human habitation.
"Resort" shall mean a tourist establishment that operates throughout all or part of the
year and that has facilities for serving meals and furnishing equipment, supplies or
services to persons in connection with recreational or health enhancement purposes
(e.g. a spa).
"Restaurant, Dining Room" shall mean a building or part of a building where food is
prepared and/or cooked and offered for sale or sold to the public and where dining
tables and table service are provided either within the building or outside on an
adjoining patio area.
"Restaurant, Drive-Through" shall mean a building or part of a building where food is
prepared and/or cooked and allows customers to purchase the products without leaving
their motor vehicles.
"Restaurant, Take-out" shall mean a building or part of a building where food is
prepared and/or cooked and offered for sale or sold to the public and where neither
dining tables nor table service are provided.
"Retail Store" shall mean a building or part of a building where goods, merchandise,
substances, articles or things are offered for retail sale directly to the public and
includes storage on the store premises of such goods, merchandise, substances,
articles or things sufficient only to service such store.
"Retail Store, Convenience" shall mean a retail store serving the daily or occasional
needs of the residents in the immediate area with a variety of goods such as groceries,
meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery,
hardware, magazines and newspapers.
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"Salvage Yard" shall mean a fenced lot and/or land for the storage and/or handling of
scrap material, which without limiting the generality of the foregoing, may include
vehicles, tires, metal, used bicycles, waste paper and/or other scrap material and
salvage.
"School" shall mean a public, separate, or high school under the jurisdiction of the
Board of Education, the French Catholic School Board or the Roman Catholic Separate
School Board, a private school, a continuation school, a technical school, a vocation
school, a college, a university or other educational institution, but not a commercial
school.
"Senior Citizen Housing" shall mean housing owned and operated by the government to
provide residential accommodation for senior citizens.
"Service Shop" shall mean a building or part of a building, whether connected with a
retail shop or not, used for the repair or servicing of articles, machines, goods, or
materials as distinguished from manufacturing of same.
"Setback" shall mean the least horizontal dimension between the centreline of a street
allowance, measured at right angles to such centreline, and the nearest part of any
building or structure on the lot, or the nearest open storage use on the lot. Septic
system setbacks are regulated by the authority having jurisdiction.
"Shopping Centre" shall mean a group of commercial uses which has been designed
and developed as a unit by a single owner or group of owners, as distinguished from a
business area consisting of unrelated individual commercial uses.
"Shoreline" shall mean any lot line or portion thereof that abuts a water body.
"Sight Triangle" shall mean an area free of buildings or structures, which area is
determined by measuring from the point of intersection of street lines on a corner lot or
where a corner is rounded from the point at which the extended street lines meet, the
distance required by this By-law along each such street line and joining such points with
a straight line thereby creating a triangular-shaped parcel of land. This triangular-
shaped parcel of land located between the intersecting street lines and the straight line
joining the points located the required distance along the street lines is the sight
triangle. See to Appendix 'A'.
"Sleeping Cabin" shall mean an accessory and subordinate detached building or
structure with a maximum of 320 square feet designed as sleeping accommodation only
to permit the better or more convenient enjoyment of the principal seasonal residential
dwelling and shall not contain any plumbing or sanitary waste disposal systems. In no
case shall the definition of a sleeping cabin be deemed to include a premise for the
temporary accommodation of members of the public for a fee.
"Solar Collector" shall mean any structure subordinate to a principal structure designed
specifically for the collection of solar energy for experimental or ornamental purposes or
for the purposes of converting such energy for heating, lighting, water production or any
other domestic or commercial use that may be obtained from such source. For the
purposes of this By-law a solar collector shall be considered an accessory structure.
"Street Line" shall mean the limit of the street allowance and is the dividing line between
a lot and a street.
"Summer Maintained Public Road" shall mean a highway as defined in The Highway
Traffic Act as amended, that is under the jurisdiction of the Township of Hamilton from
which vehicular access may be taken to an abutting lot and which is dedicated and
assumed by By-law in accordance with Section 31(4) of The Municipal Act 2001 for
maintenance by the Township of Hamilton during the summer months only (i.e. no
winter maintenance). (By-law 2008-26)
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"Tavern" shall mean "a tavern" as defined by The Liquor Licence Act, as amended.
"Top of Bank" shall mean the first landward break adjacent to a watercourse where the
slope is greater than 30% (3:1) or the break in slope which distinguishes the existing
valley corridor from its surrounding landscape and shall be determined in conjunction
with the Ganaraska Region Conservation Authority.
"Tourist Establishment" shall mean any premises operated to provide sleeping
accommodation for the travelling public or sleeping accommodation for the use of the
public engaging in recreational activities and includes the services and facilities in
connection with which sleeping accommodation is provided, and without limiting the
generality of the term, also includes a cabin establishment and a housekeeping cottage
but does not include:
a) A camp operated by a charitable corporation approved under The
Charitable Institutions Act;
b) A summer camp within the meanings of the regulations under The Public
Health Act; or
c) A club owned by its members and operated without profit or gain.
"Tourist Home" shall mean a private dwelling that is not part of or used in conjunction
with any other tourist establishment and in which there are at least five (5) rooms for
rent to the travelling or vacationing public, whether rented regularly, seasonally or
occasionally.
"Township Road/Public Road/Street" shall mean a public street, road or highway under
the jurisdiction of the Province of Ontario, the County or the Corporation, which is
maintained so as to allow normal vehicular access to adjacent properties throughout all
seasons of the year."
"Travel Trailer" shall mean any vehicle so constructed that is suitable for being attached
to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle,
notwithstanding that such vehicle is jacked-up or that its running gear is removed, but
not including any vehicle unless it is used or intended for the temporary living, sleeping
or eating accommodation of persons therein, and shall be deemed to include a tent and
a motor home.
"Travel Trailer Park" shall mean a parcel of land maintained for the temporary parking of
tents or travel trailers on individual sites and shall be subject to the provisions of this By-
law.
"Travel Trailer Site" shall mean an area of land within a travel trailer park that is or is
intended to be occupied by one tent or one trailer or similar vehicle within the meaning
of a trailer as defined above with adequate access to a driveway or public street.
"Truck Terminal" shall mean land, structures or buildings used to store, repair, service
or dispatch trucks or motor vehicles and shall include a terminal for the loading of
transport trailers but shall not include an industrial use for which trucks or motor
vehicles are an accessory use.
"Un-Assumed Public Road" shall mean a Public Road located within a Plan of
Subdivision that has been constructed but has not been assumed for maintenance
purposes by the Township of Hamilton in accordance with a By-law passed pursuant to
Section 31(4) of The Municipal Act 2001 as amended. (By-law 2008-26)
"Unopened Public Road Allowance" shall mean all road allowances made by the Crown
Surveyors that have not been assumed for maintenance purposes in accordance with
Section 31(4) of The Municipal Act 2001 as amended. (By-law 2008-26)
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"Use" shall mean the purpose for which any land, building or structure is arranged,
designed, or intended to be used, occupied or maintained.
"Use, Accessory" shall mean a use customarily incidental and subordinate to the
principal use or building located on the same lot.
"Value-added Product" (By-law 2016-46) shall mean items whose physical state or form
has been changed to increase the value over what was assigned to the raw, unmodified
resource.
"Veterinary Clinic" shall mean a building or structure or part thereof used for the
purposes of consultation, diagnosis and treatment of animals, birds and pets and may
also include boarding of such animals, birds and pets.
"Warehouse" shall mean an establishment used for the storage and distribution of
goods, wares, merchandise, substances, articles or things and may include an
accessory retail use but does not include a cartage or express truck terminal.
"Waste Disposal Site" shall mean any land or land covered by water (such as in the
case of a sewage lagoon) upon, into, in or through which a building or structure in which
waste is deposited or processed and any machinery or equipment or operation required
for the treatment or disposal of waste.
"Waste Management System" shall mean all facilities, equipment and operations for the
complete management of waste including the collection, handling, transportation,
storage, processing and disposal thereof and may include one or more waste disposal
sites.
"Water Frontage" shall mean all property abutting a water body measured along the
high water mark.
"Waterbody" shall mean any bay, lake, wetland, canal or natural watercourse but
excludes a drainage or irrigation channel.
"Watercourse" shall mean any surface stream or river and includes a natural or man-
made channel for an intermittent stream and a municipal drain as defined by The
Drainage Act, as amended.
"Wayside Pit" shall mean:
a) A temporary pit opened and used by a governmental authority or
authorized contractor for the purposes of a specific public project such as
road construction; or
b) A pit on a farm unit required only for the use of that farm unit.
"Wayside Quarry" shall mean a temporary quarry opened and used by a governmental
authority or authorized contractor for the purposes of a specific public project such as
road construction.
"Wetlands" shall mean lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the surface. In either case,
the presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic or water tolerant plants. The four (4)
major types of Wetlands are swamps, marshes, bogs and fens.
"Woodlot" shall mean a wooded area in which the majority of trees are at least 10.2
centimetres (4 inches) in diameter and in which there is a minimum of a fifty (50)
percent closed canopy of tree foliage.
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"Yard" shall mean the space appurtenant to a building or structure on the same lot
which is open, uncovered, and unoccupied except for such accessory buildings,
structures, or uses which are specifically permitted by this By-law. In determining yard
measurements, the minimum horizontal distance from the respective lot lines shall be
used.
"Yard, Front" shall mean the yard extending across the full width of the lot between the
front lot line of the lot and the nearest part of any buildings or structures on the lot. The
"minimum" front yard shall mean the distance between the front lot line and the nearest
wall of any principal or accessory building on the lot, according to the context in which
the term is used.
"Yard, Rear" shall mean the yard extending across the full width of the lot between the
rear lot line of the lot and the nearest part of any principal building or structure on the
lot. Where a rear yard is required for an accessory building in this By-law then this
definition shall apply except that the words "accessory building" shall be substituted for
"principal building". The "minimum" rear yard shall mean the minimum distance between
the rear lot line and the nearest wall of any principal building or accessory building on
the lot, according to the context in which the term is used.
"Yard, Side" shall mean the yard extending from the front yard to the rear yard between
the side lot line and the nearest part of any building or structure on the lot.
"Yard, Interior Side" shall mean the side yard extending from the front yard to the rear
yard between the side lot line and the nearest part of any building or structure on any lot
and excluding any exterior side yard. The "minimum" interior side yard shall mean the
minimum distance between an interior side lot line and the nearest wall of any principal
or accessory building on the lot, according to the context in which the term is used.
"Yard, Exterior Side" shall mean the side yard of a corner lot in which the side yard
extends from the front yard to the rear yard between the side street line and the nearest
part of any building or structure on the corner lot. The "minimum" exterior side yard shall
mean the distance between the exterior side lot line and the nearest wall of any
principal or accessory building on the lot, according to the context in which the term is
used.
"Zone" mean a designated area of land use shown on the Schedules of this By-law.
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Section 3B - Oak Ridges Moraine Conservation Plan Area
Definitions
"Accessory Use" means a use of land, buildings or structures that is normally incidental
or subordinate to the principal use, building or structure located on the same lot.
"Adverse Effect" means any impairment, disruption, destruction or harmful alteration.
"Adversely Affect" means to have an adverse effect on.
"Agricultural Use" means:
a) Growing crops, including nursery, biomass and horticultural crops;
b) Raising livestock and other animals, including poultry and fish, for food, fur
or fiber;
c) Aquaculture;
d) Apiculture;
e) Agro-foresty and maple syrup production; and
i.
Uses associated with on-farm buildings and structures including,
livestock facilities;
ii.
Manure storage structures;
iii.
Value-retaining facilities; and
iv.
Accommodations for full-time farm labour.
"Agriculture-related Uses" means farm-related commercial and industrial uses that;
a) Are directly related to, and compatible with, farm operations in the
surrounding area and do not hinder those farm operations;
b) Support agriculture;
c) Benefit from being in close proximity to farm operations; and
d) Provide products or services, or both, directly to farm operations as a
primary activity.
"Agri-tourism uses" means uses located on a farm that promote the enjoyment of farm
operations or education or activities related to farm operations and includes the
provision of accommodations such as a bed and breakfast establishment.
"Animal Agriculture" means growing, producing and raising farm animals
including, without limitation:
a) Livestock, including equines, poultry and ratites;
b) Fur-bearing animals;
c) Fees;
d) Cultured fish;
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e) Deer and elk; and
f) Game animals and birds.
"Aquifer Vulnerability" means an aquifer's intrinsic susceptibility, as a function of the
thickness and permeability of overlying layers, to contamination from both human and
natural impact on water quality.
"Area of Natural and Scientific Interest (Earth Science)" means an area that has been:
a) Identified as having earth science values related to protection, scientific
study or education; and
b) Further identified by the Ministry of Natural Resources using evaluation
procedures established by that Ministry, as amended.
"Area of Natural and Scientific Interest (Life Science)" means an area that has been:
a) Identified as having life science values related to protection, scientific
study or education; and
b) Further identified by the Ministry of Natural Resources using evaluation
procedures established by that Ministry, as amended.
"Bed and Breakfast Establishment" means an establishment that provides sleeping
accommodation (including breakfast and other meals, services, facilities and amenities
for the exclusive use of guests) for the travelling or vacationing public within a single
dwelling that is the principal residence of the proprietor of the establishment.
"Connectivity" means the degree to which key natural heritage features are
connected to one another by links such as plant and animal movement corridors,
hydrological and nutrient cycling, genetic transfer, and energy flows through food webs.
"Development" means the creation of a new lot, a change in land use, or the
construction of buildings and structures requiring approval under the Planning Act but
does not include:
a) Activities that create or maintain infrastructure authorized under an
environmental assessment process; or
b) Works that are subject to the Drainage Act.
"Dwelling Unit" means one or more habitable rooms, occupied or capable of
being occupied as an independent and separate housekeeping establishment, in which
separate kitchen and sanitary facilities are provided for the exclusive use of the
occupants.
"Earth Science Values" means values that relate to the geological, soil and
landform features of the environment.
"Ecological Features" means naturally occurring land, water and biotic
features that contribute to ecological integrity.
"Ecological Functions" means the natural processes, products or services that living and
non-living environments provide or perform within or between species, ecosystems and
landscapes, including hydrological functions and biological, physical, chemical and
socio-economic interactions.
"Ecological Integrity" which includes hydrological integrity, means the
condition of ecosystems in which:
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a) The structure, composition and function of the ecosystems are unimpaired
by stresses from human activity;
b) Natural ecological processes are intact and self-sustaining; and
c) The ecosystems evolve naturally.
"Endangered Species" means any native species, as listed in the regulations
under The Endangered Species Act as amended, that is at risk of extinction throughout
all or part of its Ontario range if the limiting factors are not reversed.
"Farm Vacation Home" means an establishment that provides sleeping
accommodation (including participation in farm activities, meals, services, facilities and
amenities for the exclusive use of guests) for the travelling or vacationing public in up to
three guest rooms within a single dwelling that is located on a farm and is the principal
residence of the proprietor of the establishment.
"Fish Habitat" means the spawning grounds and nursery, rearing, food supply
and migration areas on which fish depend directly or indirectly in order to carry out the
life processes, as further identified by the Department of Fisheries and Oceans
(Canada).
"Forest Access Road" means a one or two-lane unpaved road that is
designed to provide access to and within a woodland for wildlife, fish and forest
management purposes.
"Forest Management" means the management of woodlands, including
accessory uses such as the construction and maintenance of forest access roads and
maple syrup production facilities:
a) For the production of wood and wood products, including maple syrup;
b) To provide outdoor recreation opportunities;
c) To maintain, and where possible, improve or restore conditions for wildlife;
and
d) To protect water supplies.
"Green Infrastructure" means infrastructure consisting of natural and human-made
elements that provide ecological and hydrological functions and processes and includes
natural heritage features and systems, parklands, stormwater management systems,
street trees, urban forests, natural channels, permeable surfaces and green roofs.
"Groundwater Recharge" means the replenishment of subsurface water:
a) Resulting from natural processes, such as the infiltration of rainfall and
snowmelt and the seepage of surface water from lakes, streams and
wetlands; and
b) Resulting from human intervention, such as the use of stormwater
management systems.
"Habitat of Endangered, Rare and Threatened Species" means:
a) With respect to an endangered or threatened species for which a
regulation made under clause 55 (1)(a) of the Endangered Species Act,
2007 is in force, the area prescribed by that regulation as the habitat of the
species; or
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b) With respect to any other endangered or threatened species, the area on
which the species depends, directly or indirectly, to carry on its life
processes, including life processes such as reproduction, rearing,
hibernation, migration, or feeding;
c) And includes places in the area described in clause (a) or (b), whichever is
applicable, that are used by members of the species as dens, nests,
hibernacula or other residences.
"Hazardous Waste" has the same meaning as in Regulation 347 of the
Revised Regulations of Ontario, 1990.
"Home Business" means an occupation that:
a) Involves providing personal or professional services or producing custom
or artisanal products;
b) Is carried on as a small-scale accessory use within a single dwelling by
one or more of its residents; and
c) Does not include uses such as an auto repair or paint shop or furniture
stripping.
"Home Industry" means an industry that:
a) Is carried out in the home or in a building that is accessory to the home or,
if the home is located on a farm, to the agricultural operation;
b) If the home occupation is not located on a farm,
i.
Is carried out on as a small-scale use that is secondary to the
principal use of the home as a single dwelling;
ii.
Provides a service such as carpentry, metalworking, welding,
electrical work or blacksmithing, primarily to the farming community;
and
iii.
Does not include uses such as auto repair or paint shop or furniture
stripping; and
c) If the home is located on a farm;
i.
is carried on as a small-scale use that is secondary to the principal
use of the farm as an agricultural operation; and
ii.
may include, but is not limited to, a sawmill, welding or woodworking
shop, manufacturing or fabrication shop, equipment repair and
seasonal storage of boats or trailers.
"Home Occupation" means an occupation that is carried out on a farm and that:
a) Involves providing personal or professional services such as those offered
at or by a professional office, bookkeeper, land surveyor, art studio,
hairdresser, massage therapist, daycare, veterinary clinic, kennel classes
or workshops; and
b) Is carried on as a small-scale secondary use within a single dwelling on
the farm.
"Hydrological Cycle" means the circulation of water from the atmosphere to
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the earth and back through precipitation, runoff, infiltration, groundwater flow and
evapotranspiration, including the occurrence, circulation, distribution, and chemical and
physical properties of water on the surface of the land, in the soil and underlying rocks,
and in the atmosphere, and water's interaction with the environment including its
relation to living things.
"Hydrological Features" means:
a) Permanent and intermittent streams;
b) Wetlands;
c) Kettle lakes and their surface catchment areas;
d) Seepage areas and springs; and
e) Aquifers and recharge areas.
"Hydrological Functions" means the functions of the hydrological cycle that
include the occurrence, circulation, distribution and chemical and physical properties of
water on the surface of the land, in the soil and underlying rocks, and in the
atmosphere, and water's interaction with the environment including its relation to living
things.
"Hydrological Integrity" means the condition of ecosystems in which
hydrological features and hydrological functions are unimpaired by stresses from human
activity.
"Hydrologically Sensitive Feature" means a hydrologically sensitive feature
as described in Section 26 of the Oak Ridges Moraine Conservation Plan.
"Impervious Surface" means a surface that does not permit the infiltration of
water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot.
"Kame" means a mound, hummock or conical hill of glacial origin.
"Kettle Lake" means a depression formed by glacial action and permanently
filled with water.
"Key Natural Heritage Feature" means a key natural heritage feature as
described in Section 22 of the Oak Ridges Moraine Conservation Plan.
"Landform Features" means distinctive physical attributes of land such as
slope, shape, elevation and relief.
"Landform Conservation Area" means a landform conservation area as
described in Section 30 of the Oak Ridges Moraine Conservation Plan.
"Life Science Values" means values that relate to the living component of the
environment.
"Liquid Industrial Waste" has the same meaning as in Regulation 347 of the
Revised Regulations of Ontario, 1990.
"Lot" means a parcel of land that is:
a) Described in a deed or other document legally capable of conveying an
interest in the land; or
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b) Shown as a lot or block on a registered plan of subdivision.
"Major Development" means development consisting of:
a) The creation of four or more lots;
b) The construction of a building or buildings with a ground floor area of 500
square metres (5382 square feet) or more; or
c) The establishment of a major recreational use as described in Section 38
of the Oak Ridges Moraine Conservation Plan.
"Major Recreational Uses" are recreational uses that require large-scale
modification of terrain, vegetation or both and usually also require large-scale buildings
or structures, including but not limited to the following:
a) Golf Courses;
b) Serviced playing fields;
c) Serviced campgrounds; or
d) Ski hills.
"Meander Belt" means the land across which a stream shifts its channel.
"Mineral Aggregate" means gravel, sand, clay, earth, shale, stone, limestone,
dolostone, sandstone, marble, granite, rock or other material prescribed under The
Aggregate Resources Act, but does not include metallic ores, asbestos, graphite,
kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed under
that Act.
"Mineral Aggregate Operation" means:
a) An operation, other than a wayside pit, conducted under a licence or
permit under The Aggregate Resources Act; and
b) Associated facilities used in the extraction, transportation, beneficiation,
processing or recycling of mineral aggregate or the production of related
by-products.
"Natural Self-Sustaining Vegetation" means self-sustaining vegetation
dominated by native plant species.
"Net Development Area" means the area of a lot or site, less any area that is
within a key natural heritage feature or a hydrologically sensitive feature.
"Oak Ridges Moraine Conservation Plan Area" and "Plan Area" mean the
areas described in Section 4.17.
"On-Farm Diversified Use" means, with respect to a farming operation, uses that are
secondary to the principal agricultural use of the property, that are compatible with and
do not hinder the surrounding agricultural operations and that occupy a limited area of
the property, including,
a) Home occupations;
b) Home industries;
c) Agri-tourism uses; and
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d) Uses that produce value-added products.
"Partial Service" means with respect to sewage and water services to a property, that
either of the following situations exists;
1. Sewage services are provided by a municipality or by private communal
services but water services are provided by an individual on-site water
system.
2. Water services are provided by a municipality or by private communal
services but sewage services are provided by an individual on-site sewage
system.
"Portable Asphalt Plant" means a temporary facility, to be dismantled at the
completion of a construction project, where:
a) Equipment is used to heat and dry mineral aggregate and to mix it with
bituminous asphalt to produce asphalt paving material; and
b) Bulk materials used in the process described in Clause (a) are kept.
"Prime Agricultural Area" means an area that is:
a) Designated as prime agricultural land in the relevant official plan; or
b) Identified through an alternative agricultural land evaluation system
approved by the Government of Ontario.
"Prime Agricultural Land" means:
a) Land where fruit and vegetable crops and greenhouse crops are grown;
b) Agriculturally developed organic soil land; or
c) Land with Class 1, 2 or 3 soils according to the Canada Land Inventory.
"Rapid Infiltration Basin" means a basin or system of basins at or below surface grade
that is constructed in porous soil and punctures through a relatively impermeable layer
to gain access to a more permeable sand or gravel layer, to rapidly infiltrate into the
ground, at a single point or area of concentration, surface runoff collected from
impervious surfaces.
"Rapid Infiltration Column" means a column or system of columns at or below surface
grade that is constructed in porous soil and punctures through a relatively impermeable
layer to gain access to a more permeable sand or gravel layer, to rapidly infiltrate into
the ground, at a single point or area of concentration, surface runoff collected from
impervious surfaces.
"Rare Species" means a native species that is not currently at risk of becoming
threatened but, because of its limited distribution, small population or specialized habitat
needs, could be put at risk of becoming threatened through all or part of its Ontario
range by changes in land use or increases in certain types of human activity.
"Retirement Home" means a building in which:
a) Accommodation is provided, mainly for retired persons;
b) Common kitchen and dining facilities are provided for the residents; and
Zoning By-law 2001-58
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c) Common lounges, recreation rooms and health care facilities may also be
provided for the residents.
"Sand Barrens" means land (not including land that is being used for
agricultural purposes and no longer exhibits sand barrens characteristics) that:
a) Has sparse or patchy vegetation that is dominated by plants that are:
i.
Adapted to severe drought and low nutrient levels; and
ii.
Maintained by severe environmental limitations such as drought, low
nutrient levels and periodic disturbances such as fire.
b) Has less than twenty-five (25) percent tree cover;
c) Has sandy soils (other than shorelines) exposed by natural erosion;
depositional process or both; and
d) Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended.
"Saturated Zone" means the zone below the water table where the spaces
between soil grains are filled with water.
"Savannah" means land (not including land that is being used for agricultural
purposes and no longer exhibits savannah characteristics) that:
a) Has vegetation with a significant component of non-woody plants,
including tallgrass prairie species that are maintained by seasonal
drought, periodic disturbances such as fire, or both;
b) Has from twenty-five (25) percent to sixty (60) percent tree cover;
c) Has mineral soils; and
d) Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended.
"Self-Sustaining Vegetation" means vegetation dominated by plants that can
grow and persist without direct human management, protection, or tending.
"Significant" when used with reference to valleylands, wildlife habitat and woodlands,
means identified as significant using evaluation procedures established by the Ministry
of Natural Resources and Forestry.
"Single Dwelling" means a building containing only one dwelling unit, an, in any area
other than an area within a Natural Core or Natural Linkage Area, includes a building
containing one primary dwelling unit and not more than one secondary dwelling unit.
"Site" means the land subject to an application.
"Site Alteration" means activities such as grading, excavation and the placement of fill
that would change the landform and the natural vegetative characteristics of a site.
"Small Scale Commercial, Industrial and Institutional Uses":
a) Are supportive of, complimentary to or essential to uses that are permitted
in Countryside area of the Oak Ridges Moraine Conservation Plan;
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b) Do not require large-scale modification of terrain, vegetation or both or
large-scale buildings and structures; and
c) Include, but are not limited to:
i.
Farm implement stores, feed stores and country markets;
ii.
Portable mineral aggregate crushing plants, portable asphalt plants
and composting plants; and
iii.
Schools, places of worship, community halls, retirement homes and
cemeteries, intended mainly to serve nearby Rural Settlements within
the Plan Area.
"Special Concern Species" means a species that is classified as a special concern
species in Ontario Regulation 230/08 (Species at Risk in Ontario List) made under The
Endangered Species Act, 2007.
"Sub watershed" means an area that is drained by a tributary or some defined
portion of a stream.
"Surface Catchment Area" means the area including and surrounding a kettle
lake or wetland, from which surface runoff drains directly into the kettle lake or wetland.
"Sustainable" when used with respect to a natural resource, means that the
natural resource is able to support a particular use or activity without being adversely
affected.
"Tallgrass Prairie" means land (not including land that is being used for
agricultural purposes and no longer exhibits tallgrass prairie characteristics) that:
a) Has vegetation dominated by non-woody plants, including tallgrass prairie
species that are maintained by seasonal drought, periodic disturbances
such as fire, or both;
b) Has less than twenty-five (25) percent tree cover;
c) Has mineral soils; and
d) Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended.
"Threatened Species" means that is classified as threatened species in Ontario
Regulation 230/08 (Species at Risk in Ontario List) made under The Endangered
Species Act, 2007.
"Time of Travel" means the time that is needed for groundwater to travel a specified
horizontal distance in the saturated zone.
"Un-serviced Park" means a park that provides recreational opportunities and facilities,
including playing fields, but without outdoor lighting, accessory commercial facilities,
paved parking lots or permanent water or sewer facilities.
"Valleyland" means a natural area that occurs in a valley or other landform depression
that has water flowing through or standing for some period of the year.
"Value-Added Product" means an agricultural product that has been processed by
means of chopping, canning, pressing, bottling, roasting or any other similar process.
Zoning By-law 2001-58
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"Value-retaining facilities" means facilities used to:
a) Maintain the quality of agricultural commodities produced on the farm such
as atmosphere controlled storage; or
b) Provide a minimum amount of processing to make commodities saleable,
including cleaning grading, drying, sorting, evaporating maplesap into
syrup, honey extraction and bulk packaging.
"Watershed" means an area that is drained by a river and its tributaries.
"Wayside Pit" means a temporary pit opened or used by or for a public body
solely for the purposes of a specific project of road construction and not located on the
road right-of-way.
"Wellhead Protection Area" means the surface and subsurface area
surrounding a water well or well field that supplies a public water system and through
which contaminants are reasonably likely to move so as eventually to reach the water
well or well field.
"Wetland" means land such as a swamp, marsh, bog or fen (not including land that is
being used for agricultural purposes and no longer exhibits wetland characteristics) that:
a) Is seasonally or permanently covered by shallow water or has the water
table close to or at the surface;
b) Has hydric soils and vegetation dominated by hydrophytic or water-
tolerant plants; and
c) Has been further identified, by the Ministry of Natural Resources or by any
other person, according to evaluation procedures established by the
Ministry of Natural Resources, as amended.
"Wildlife Habitat" means areas where plants, animals and other organisms live and find
adequate amounts of food, water, shelter and space needed to sustain their populations
and includes areas where certain species concentrate at a vulnerable point in their
annual or life cycle and areas that are important to migratory or non-migratory species.
"Woodland" means a treed area, woodlot or forested area, other than a cultivated fruit or
nut orchard or a plantation established for purposes of producing Christmas trees.
"Zone of Contribution" when used in reference to a period of time, means the area
within which the water pumped from a well originates during that time.
Note: For the purposes of this By-law, where a definition does not appear in either
Section 3 or 3A, reference may be made to the Webster's dictionary to interpret
the word.
Zoning By-law 2001-58
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Section 4 - Administration
4.1
Zoning Administration
This By-law shall be administered by a person appointed by the Council of the
Township of Hamilton as the Chief Administrative Officer.
4.2
Issuance of Building Permits
Where land is proposed to be used or a building or structure is proposed to be
erected or used in violation of this By-law, no permit or licence required under
any By-law of the Corporation for the use of the land or for the erection or the
use of the building or structure shall be issued.
4.3
Applications for Building Permits
In addition to the requirements of the Ontario Building Code, the Corporation's
Building By-law or any other By-law of the Corporation, every application for a
building permit shall be accompanied by plans (which depending upon the
nature and location of the work to be undertaken may be required, by the
Corporation, to be based upon an actual survey prepared by an Ontario Land
Surveyor or Professional Engineer) drawn to an appropriate scale and showing
the following:
a) The true shape and dimensions of the lot to be used or upon which it is
proposed to erect any building or structure;
b) The proposed location, height and dimensions of the building, structure or
work in respect of which the permit is being applied for;
c) The location of every building or structure already erected or partly
erected on such lot;
d) The proposed locations and dimensions of yards, landscaped open
spaces, parking areas, and loading spaces required by this By-law;
e) Proposed grading or change in elevation or contour of the land and the
proposed method for the disposal of storm and surface water from the
land and from any building or structures thereon; and
f) A statement signed by the owner or his agent duly authorized thereinto in
writing, filed with the Chief Building Official, which statement shall set forth
in detail the intended use of each building and structure or part thereof
and giving all information necessary to determine whether or not every
such building or structure conforms with the regulations of this By-law.
4.4
Potable Water
Every application which involves the installation, enlargement or reconstruction
of a private well shall:
a) In the case of a subdivision well, provide a hydrogeological report
demonstrating satisfactory water pumping capacity and potability to the
satisfaction of the Chief Building Official;
b) In the case of a Municipally serviced property, approval from the water
purveyor shall be provided to the satisfaction of the Chief Building Official.
Zoning By-law 2001-58
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4.5
Sewage Disposal System
Every application which involves the installation, enlargement or reconstruction
of a sewage disposal system shall:
a) Provide to the satisfaction of the Chief Building Official, require approval
from the authority having jurisdiction.
4.6
Conservation Authority
Where lands lie within established fill or flood lines, any building permit
application in respect of such land shall be accompanied by the written approval
and technical recommendations of the Conservation Authority having
jurisdiction.
4.7
Inspection of Land or Buildings
Where the Chief Building Official has reason to believe that any person has
used land or used a building or structure contrary to this By-law, he/she, or an
employee of the Township authorized by him/her, may, at any reasonable hour,
enter and inspect the land, building or structure.
4.8
Violations and Penalties
Any person who contravenes any provisions of the By-law is guilty of an
offence, and for the purposes of this By-law, each day that a breach of this By-
law continues shall constitute a separate offence and on summary, the offender
shall be liable to be fined under the provisions of The Provincial Offenses Act.
The conviction of an offender upon the breach of any of the provisions of this
By-law shall not operate as a bar to a prosecution against the same offender
upon any continued or subsequent breach of any such provision and any court
of competent jurisdiction may convict any offender repeatedly for repeated
breaches of the By-law.
4.9
Occupation of Buildings
Occupation of all new buildings and converted dwellings shall require a
Certificate of Occupancy from the Township Building Department in accordance
with the Ontario Building Code and any other Township By-laws.
4.10
Certificate of Conversion
Where a Certificate is for the conversion of a seasonal dwelling to a permanent
dwelling, the following additional regulations apply:
a) Compliance with all applicable law;
b) The relevant sections of the Ontario Building Code as it relates to the
proposed construction; and
c) Approval by the authority having jurisdiction as it relates to the septic
system.
4.11
Validity
If any section, clause or provision of the By-law, including anything contained on
Schedules A and M attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
Zoning By-law 2001-58
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By-law as a whole or any part thereof other than the section, clause, or
provision so declared to be invalid and it is hereby declared to be the intention
that all the remaining sections, clauses or provisions of this By-law shall remain
in full force and take effect until repealed, notwithstanding that one or more
provisions thereof shall have been declared to be invalid.
4.12
Effective Date
This By-law shall come into force and take effect upon being passed by the
Council of the Township of Hamilton.
4.13
Existing By-laws
All by-laws in force within the Corporation regulating the use of lands and the
character, location, bulk, height and use of buildings and structures are
amended insofar only as it is necessary to give effect to the provisions of this
By-law and the provisions of this By-law shall govern unless otherwise
specified.
4.14
Repeal of Existing Zoning By-law
By-law No. 3137 as amended of the Corporation of the Township of Hamilton is
hereby repealed.
4.15
Application
This By-law shall apply to all lands within the Township of Hamilton and shall
take effect on the day it is enacted.
4.16
Interpretation
Nothing in this By-law shall be construed to exempt any person from complying
with the requirement of any By-law of the Municipality or the Corporation of the
County of Northumberland or from any law of the Province of Ontario or
Canada, or any regulations under the provisions of The Conservation
Authorities Act of a Conservation Authority having jurisdiction or from any other
law in force.
4.17
Zones
For the purpose of this By-law, the Township of Hamilton has been divided into
zones, the boundaries of which are shown on Schedules A and M.
4.17.1 Schedules A and M inclusive are detailed maps for portions of the Township of
Hamilton.
4.17.2 The zones are referred to by the following names or symbols and are identified
on Schedules A and M by the following symbols:
Zone
Symbol
Permanent Agricultural
PA
Marginal Agricultural
MA
Estate Residential
ER
Rural Residential
RR
Limited Service Residential
LSR
Waterfront Residential
WR
Mobile Home Residential
MHR
Urban Residential First Density
UR1
Urban Residential Second Density
UR2
Zoning By-law 2001-58
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Urban Multiple Residential
UMR
Rural Commercial
RC
Rural Highway Commercial
RHC
Waterfront Resort Commercial
WRC
Hamlet Commercial
HC
Rural Industrial
RI
Hamlet Industrial
HI
Mineral Extractive 'A'
MXA
Mineral Extractive 'B'
MXB
Waste Disposal
WD
Community Facility
CF
Open Space
OS
Environmental Protection - Wetland
EP-W
Environmentally Sensitive Area
ESA
Oak Ridges Moraine Environmental
ORME
Oak Ridges Moraine Core
ORMC
Oak Ridges Moraine Linkage
ORML
Oak Ridges Moraine Countryside
ORMCO
Oak Ridges Moraine Rural Settlement
ORMRS
Oak Ridges Moraine Mineral Extractive
ORMME
4.17.3
Where the boundary of any zone is uncertain, and the boundary is shown
following a street, lane, railway right-of-way, electric transmission line, right-of-
way or watercourse, then the centre line of the street, lane, railway right-of-way,
electric transmission line, right-of-way or watercourse is the zone boundary.
4.17.4 Where the boundary line of a zone does not correspond to a property line, to
the centre line of a street, highway line, right-of-way or watercourse, the location
of said boundary line shall be scaled from the scale shown on Schedules A and
M inclusive.
4.17.5 Where the boundary of any zone is uncertain and notwithstanding the
provisions of this subsection, the dimensions contained in any amending by-law
shall apply.
4.17.6 Where the regulations of a zone include a requirement that the minimum yard of
a lot or parcel of land shall be a specific number of metres, such minimum yard
shall be determined by measuring at right angles from either the street line of
the public street or the lot line abutting such yard in the direction of such lot or
parcel of land a distance equal to the said specific number of metres in the
relevant regulation of such zone.
4.17.7 Subject to the provisions of Section 5.13, the minimum lot area shall be as
contained in the appropriate section of this By-law for the zone in which the lot
is located or such larger area as may be required by the appropriate authority
pursuant to the provisions of The Public Health Act.
4.17.8 In addition to the above Zones, the schedules include an Environmentally
Sensitive Area overlay boundary. Lands within these boundaries may be
developed in accordance with the underlying zone provided there are no
negative impacts on the environmental feature present on the property. Prior to
obtaining a building permit or using any land for any use within the
Environmentally Sensitive Areas, the owner shall provide a letter from the local
conservation authority or other responsible public authority stating their
satisfaction that, based on the required studies and/or assessments, no
negative impacts will occur.
4.17.9 Notwithstanding the above, the boundary of the Oak Ridges Moraine
Conservation Plan Area, shall be scaled from the attached Schedules.
Zoning By-law 2001-58
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Section 5 - General Provisions
5.1
Accessory Buildings and Structures
5.1.1
Where a swimming pool or tennis court is provided, the total lot coverage for
said accessory uses may increase to a maximum of twenty (20) percent. In no
case shall the lot coverage of all buildings and accessory uses exceed the
maximum lot coverage as provided for in the applicable provisions of this By-
law.
5.1.2
In a residential zone, an accessory building or structure, shall not be erected
closer to the street line than the principal building on the lot and shall further be
erected in conformity with the yard and setback requirements of the respective
residential zone, except as may otherwise be provided herein.
Notwithstanding the foregoing, in a residential zone an accessory building or
structure in an exterior side yard can be located closer to the street line than the
principal building provided the exterior side setback is maintained and the
proposed structure is not located within a site triangle."
5.1.3
Where an accessory use is attached to the main building, the front yard, side
yard, rear yard and area requirements of this By-law shall be complied with as if
the accessory building was part of the main building.
5.1.4
No person shall use an accessory building for human habitation except where a
dwelling is permitted as an accessory building.
5.1.5
An accessory building shall not be built closer to any lot line than the minimum
distance required by this By-law except that common semi-detached garages
may be erected on a mutual side lot line.
5.1.6
Except in accordance with Section 5.40 no accessory building shall be erected
prior to the erection of a principal building or structure.
5.1.7
The minimum distance of an accessory building from a principal building shall
be 1.2 metres (4 feet).
5.2
Additional Residential Units
Notwithstanding any other provision of this By-law, where an additional
residential unit is permitted hereunder, the following provisions shall apply:
a) Additional residential units shall only be permitted in association with the
following permitted principal uses:
i.
Single detached dwellings; and
ii.
Semi-detached dwellings.
b) Additional residential units are not permitted within the:
i.
Limited Service Residential (LSR) Zone or underlying Limited
Service Residential (LSR) Zone;
ii.
Waterfront Residential (WR) Zone or underlying Waterfront
Residential (WR) Zone;
iii.
Oak Ridges Moraine Core (ORMC) Zone; and
Zoning By-law 2001-58
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iv.
Oak Ridges Moraine Linkage (ORML) Zone
c) Notwithstanding Section 5.2 f) ii., an additional residential within the Oak
Ridges Moraine is only permitted within the principle dwelling.
d) Where an existing garden suite is situated on a lot it shall be classified as
an additional residential unit. As such, only one additional residential unit
within the principal dwelling shall be permitted subject to the provisions of
this section.
e) Additional residential units are only permitted on lots with frontage on and
access from and improved public street.
f) A maximum of two additional residential units per lot may be permitted
subject to the following:
i.
One (1) additional residential unit with a maximum floor area of 186
m2 may be permitted within an existing or new single detached or
semi-detached dwelling on a lot. For the purposes of this subsection,
within shall mean, sharing a common roof system or flooring
structure or sharing a common wall consisting of at least 30 percent
shared surface.
ii.
One (1) additional residential unit with a maximum floor area of 98
m2 may also be permitted within a building or structure accessory to
the single detached or semi-detached dwelling on a lot.
g) Where additional residential unit(s) is/are proposed, the owner shall
investigate whether an adequate supply of potable water is available, and
that the site can assimilate wastes from the sewage disposal system
without exceeding Ministry of the Environment and Climate Change
guidelines for groundwater impact. Such information must accompany the
building permit application, to the satisfaction of the Municipality and the
authority having jurisdiction.
i.
Where up to two additional residential units are proposed and the site
is serviced with municipal water, a servicing statement is required
from the municipality's water purveyor.
ii.
Where up to two additional residential units are proposed, and the
site is privately serviced, the owner shall provide a current Well
Certification Test/Report, to the satisfaction of the Chief Building
Official, to ensure adequate quantity and quality of the private
service. Such report shall be dated no older than one year prior the
building permit application.
h) Additional residential units may be connected to the same servicing
system for potable water and sewage disposal as the main dwelling on the
lot pending approval of the municipality and authority having jurisdiction. If
the servicing system is deemed to be inadequate to support the proposed
additional residential unit(s), it is up to the property owner/applicant to
provide an alternative servicing system to the satisfaction of the
municipality and any other authority having jurisdiction as the case may
be.
i) Additional residential units shall be clearly accessory to the principal
permitted use on the same lot;
j) The establishment of additional residential units shall not be limited by any
special zone provision that establishes the maximum number of dwelling
Zoning By-law 2001-58
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units.
k) Additional residential units shall be exempt from any minimum lot area
requirement established per dwelling unit on a lot.
l) Additional residential units shall comply with the required minimum
Landscaped Open Space provision, where such requirement has been
established for the zone in which the Additional Residential Unit is located.
m) In addition to the parking space(s) required for single detached or semi-
detached dwellings, one (1) parking space is required for each additional
residential unit. Tandem parking to a maximum of only one (1) space is
permitted.
n) Additional residential units within or otherwise attached to the principal
dwelling unit shall provide a separate entrance which may be located at
the side, rear or front of the principal dwelling unit. The entrance shall be
accessed by a 1.2 metre (4 feet) wide unobstructed pathway from the front
of the principal dwelling or the front lot line. For the purposes of this
subsection, a "pathway" is defined as a hard surface treated path that is
separately delineated from the driveway and provides pedestrian access.
"Unobstructed" means no obstructions to a height of up to 2.3 metres (7.5
feet). This provision shall not prevent the establishment of a gate to
access the rear yard.
o) If an additional residential unit is proposed in a floodplain or an area
rendered inaccessible to people and vehicles during times of flooding it
shall require the approval of the authority having jurisdiction.
p) Where an additional residential unit is located within a detached accessory
building, the following provisions apply:
i.
Shall comply with the accessory building minimum yard requirements
of the zone;
ii.
Shall be setback a minimum of 1.2 m (4 feet) from the principal
dwelling located on the same lot;
iii.
Shall have a maximum building height of 5.5 metres (18 feet);
iv.
Shall comply with all other relevant accessory use provisions of the
zone in which it is located;
v.
A detached additional residential unit shall comply with the Minimum
Distance Separation formulae;
vi.
The provisions of Sections 5.26 and 5.36 do not apply to Clause 5.2
(p) i.;
5.3
Agriculture - Minimum Distance Separation
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no development shall be located on a separate lot and permitted by a
specific zone, unless it complies with the Minimum Distance Separation (MDS I)
calculated using the Ontario Ministry of Agriculture Food and Rural Affairs
Regulations and Guidelines. Notwithstanding any other yard or setback
provisions of this By-law to the contrary, no livestock facility shall be erected or
expanded within a PA and MA zone unless it complies with the Minimum
Distance Separation (MDS II) calculated using the Ontario Ministry of
Agriculture Food and Rural Affairs Regulations and Guidelines.
Zoning By-law 2001-58
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5.4
Area of Influence
No person shall erect any residential structure in any zone within 300 metres
(984.3 feet) of lands zoned MXA - Mineral Extractive A and MXB - Mineral
Extractive B without the approval of the Ministry of Natural Resources upon
successful application for a minor variance and provided the residential use is a
permitted use on the adjacent lands.
5.5
Backyard Hens
The keeping of a maximum of six (6) hens shall be permitted on properties
zoned to permit a single detached dwelling. The keeping of hens shall be
restricted to properties that have a minimum lot area of .4 hectares (one acre).
The hens shall be always confined to an enclosure.
An enclosure for keeping one or more hens:
a) Shall be located at least 3.0 metres from the side lot line and at least 3.0
metres from the rear lot line of the lot on which the hen coop is located.
b) Shall be located at least 3.0 metres from abutting dwellings.
c) Must be at least 7.5 metres from any church or school.
d) Shall contain an enclosed roof structure and shall be no greater than 3.0
by 3.0metres and no greater than 4.5 metres in height.
e) Shall only be located in the rear yard.
f) Manure/waste from the backyard hen enclosure shall not be stockpiled on
the residential property.
5.6
Buffer Strips
Location
Where the interior side or rear lot line in a Community Facility, Commercial or
Industrial zone abuts a Residential Zone, a buffer strip adjoining such abutting
lot line or portion thereof shall be provided on the lot within the Community
Facility, Commercial or Industrial Zone.
Contents
Required buffer strips shall contain one or more of the following screening
devices:
a) A continuous row of trees;
b) A continuous hedgerow of evergreens, bushes or shrubs;
c) A berm
d) A wall
e) A fence
Zoning By-law 2001-58
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Design
Screening devices comprising a required buffer strip shall:
a) Be arranged so as to form a dense or opaque screen or barrier;
b) Be designed to have an ultimate height of not less than 1.8metres above
the elevation of the ground at the nearest lot line, provided that they do not
obstruct a sight triangle.
Landscaped Open Space Supplement
A buffer strip referred to in this Subsection may form part of any landscaped
open space required by this By-law.
Allowances for Driveways
Notwithstanding any provision of this by-law to the contrary, the buffer strip can
be interrupted to allow for access to a property where site access will be
provided from a rear yard.
5.7
Development on a Private Road
No person shall erect any building or structure on a lot with frontage on a
Private Road unless the lot is zoned Limited Service Residential (LSR) Zone
and provided the owner has entered into an agreement with the Township, as a
condition of Site Plan Approval, acknowledging that the Township will not be
responsible for maintaining the private road and further that, in the event of an
emergency, the Township will make every attempt to respond in an expeditious
manner but because of the properties' location on a private road, response may
be delayed. All other applicable provisions of the By-law shall apply.
5.8
Development on a Township Road/Public Road/Street or County Road
No person shall erect any building or structure in any zone, except in a Limited
Service Residential Zone or Special Limited Service Residential Zone, unless
the lot upon which such building or structure is to be erected fronts upon a
Township Road/Public Road/Street or County Road. For purposes of this By-
law a Township Road/Public Road/Street or County Road does not include a
Private Road, Summer Maintained Public Road, Un-assumed Public Road or an
Unopened Public Road Allowance as defined herein. The above provisions
shall not apply to prohibit the erection of any building on a lot on a registered
plan of subdivision where a subdivision agreement has been entered into but
the streets will not be assumed until the end of the maintenance period. Refer to
Appendix 'A' Civic Address Map for the location of roads classified Township
Road/Public Road/Street or County Road. This section does not apply to non-
residential buildings or structures accessory to a permitted farm. (By-law 2008-
26)
Where a property has frontage on a year-round Municipally maintained or
County maintained road, that property must be accessed by an entrance onto
the year-round Municipally maintained or County maintained road.
5.9
Development on Summer Maintained Public Road
No person shall erect any building or structure, except for a non-residential
building or structure accessory to a permitted farm, on a lot with frontage on a
Summer Maintained Public Road unless the lot is zoned Special Limited
Service Residential (LSR) Zone and provided the owner has entered into an
agreement with the Township, as a condition of Site Plan Approval,
acknowledging that the road is not maintained on a year round basis and that
Zoning By-law 2001-58
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there is no intent by the Township to maintain it on a year round basis in the
future and that access by municipal emergency service vehicles is restricted in
the winter months. In the event of an emergency, the Township will make every
attempt to respond in an expeditious manner but because of the properties'
location on a private road, response may be delayed.
5.10
Development on an Un-Assumed Public Road
Development on an un-assumed public road may be permitted in accordance
with the applicable zone and the general provisions of this by-law.
5.11
Development on an Unopened Public Road Allowance
Development shall not be permitted on lots with frontage only on an unopened
public road allowance.
5.12
Dwelling Unit as an Accessory Use in a Non-Residential Setting
No person shall use any lot or erect, alter or use any building or structure for
purposes of a dwelling or dwelling unit where the zoning is not residential
except in accordance with the following regulations:
a) In agricultural zones, a single detached dwelling may be permitted with a
private water supply and sewage disposal system having the approval of
the Ministry of the Environment and/or Approval Authority, as provided in
certain non-residential zones; or
b) In a Commercial zone, one dwelling unit shall be permitted in a non-
residential building provided it is located on the second storey of such
building, or at the rear of such building if on the main floor.
5.13
Existing Undersized Lots
Where a lot having a lesser lot area and/or lot frontage than that required herein
is held under distinct and separate ownership from abutting lots, as shown by a
registered conveyance in the records of the Registry or Land Titles Office on the
date of passing of this By-law, or where such a lot is created as a result of an
expropriation, such smaller lot may be used and a building or structure may be
erected, altered or used on such smaller lot, provided that the parcel has a
minimum frontage of 7.5 metres (24 feet), provided that an adequate supply of
potable water is available to service the proposed use, provided such erection,
alteration or use does not contravene any other provisions of this by-law and
provided that all relevant regulations made under the Health Protection and
Promotion Act and all relevant sewage disposal requirements under the Ontario
Building Code are complied with.
5.14
Fire Wood Processing Operations (By-law 2016-46)
a) The importation of any raw materials shall be consistent with the Canadian
Food Inspection Agency regulations, as amended;
b) The exportation (delivery and/or customer pick-up) of the final value-
added product shall be consistent with the Canadian Food Inspection
Agency regulations, as amended;
c) All operations shall be consistent with the Township of Hamilton Noise By-
law, as amended;
Zoning By-law 2001-58
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d) All operations shall be consistent with the Township of Hamilton Property
Standards By-law, as amended;
e) All operations shall be consistent with the Northumberland Forest
Conservation By-law, as amended;
f) The minimum setback from any water course/Environmental Protection
(EP)/Environmentally Sensitive Area (ESA) zone or Natural Hazard/
Provincially Significant Wetland designation shall be 30 metres (100 feet);
g) All operations shall be consistent with the 1/2 load road restrictions for
importing/exporting product as per the Township of Hamilton By-law 1998-
20, as amended;
h) Maximum of 1 operation shall be permitted per separately conveyable lot;
i) Medium Scale operations may be permitted on lots in Agricultural or Rural
designated areas with a minimum size of 2.02 hectares (5 acres);
i.
The minimum setback from any neighbouring residential use or
residential zone shall be 91.44 metres (300 feet);
ii.
The final value-added product may be sold at the farm gate but the
majority shall be delivered;
iii.
Site Plan approval is required subject to the following:
1. A scaled Site Plan sketch shall be drawn up by the proponent, to
the satisfaction of the Township of Hamilton, and submitted
together with any other required information to the Township of
Hamilton Planning Department for review by the Site Plan Review
Committee to determine compliance with all required governing
documents prior to the establishment of the operation;
2. A Site Plan Agreement with the Township is required to be entered
prior to the establishment of the operation;
3. The Site Plan Agreement may deal with issues such as noise
control, days and hours of operation, and any other issues deemed
appropriate by the Township;
4. Berms or tree buffers shall be provided between this use and any
existing incompatible uses; and
5. Proof of current Open Air Burning Permit as per By-law 2014-19
and/or its successors, or in the alternative, a detailed explanation of
other means of disposal of waste product that will be utilized by the
proponent, to the satisfaction of the Township.
j) Large Scale operations may be permitted on lots in Agriculture or Rural
designated areas with a minimum size of 10.17 hectares (25 acres);
i.
The minimum setback from any neighbouring residential use or
residential zone shall be 213.36 metres (700 feet);
ii.
The final value-added product may be sold at the farm gate but the
majority shall be delivered; and
iii.
Site Plan Approval is required subject to the following:
Zoning By-law 2001-58
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1. A scaled Site Plan sketch shall be drawn up by Ontario Land
Surveyor or Engineer, to the satisfaction of the Township of
Hamilton, and submitted together with any other required
information to the Township of Hamilton Planning Department for
review by the Site Plan Review Committee to determine
compliance with all required governing documents prior to the
establishment of the operation;
2. A Site Plan Agreement with the Township is required to be entered
and shall be registered on the title of the property by the proponent
at the sole expense of the proponent. A copy of the registered
document shall be submitted to the Township prior to the
establishment of the operation;
3. The Site Plan Agreement may deal with issues such as noise
control, days and hours of operation, and any other issues deemed
appropriate by the Township;
4. Berms or tree buffers shall be provided between this use and any
existing incompatible uses; and
5. Proof of current Open Air Burning Permit as per By-law 2014-19
and/or its successors, or in the alternative, a detailed explanation of
other means of disposal of waste product that will be utilized by the
proponent, to the satisfaction of the Township.
The foregoing does not prohibit individual property owners from processing small
quantities of firewood (maximum of 1 load/15 cords per calendar year) subject to
Section 5.14 a) through h) inclusive.
5.15
Garden Suites
Notwithstanding the provisions of Section 5.34.3 of the By-law to the contrary,
garden suites shall be permitted subject to the following requirements;
a) The gross floor area of living space in such dwelling shall consist of a
minimum of 49 square metres (527.4 square feet) and a maximum of 65
square metres (699.7 square feet);
b) The dwelling unit shall be self contained and shall have a private entrance
and separate culinary, sanitary, dining and sleeping area;
c) The sanitary sewage disposal, water supply and electrical services for the
dwelling unit shall be derived from and connected to the services of the
single detached dwelling upon which lot the garden suite is situated,
subject to the approval of the authorities responsible for the various
services;
d) All of the provisions of the respective zones in which the garden suite is
situated shall be complied with in addition to the following special criteria:
i. Rear Yard - 4.5 metres (14.8 feet) minimum;
ii. Building Height - 4.5 metres (14.8 feet) maximum; and
iii. Separation Distance from the Principal Dwelling - 4.5 metres (14.8
feet) maximum.
e) The owner/occupant of the detached dwelling and occupant of the garden
suite upon which lot the garden suite is situated enter into an agreement
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with the municipality pursuant to the Municipal Act stating that the owner
of the detached dwelling and the occupant of the garden suite are related
by blood or marriage, the age of the occupant of the garden suite, that no
other individual(s) will occupy the garden suite and that the garden suite
will be removed when it is no longer needed;
f) Access from a public road to a garden suite shall be obtained by the
driveway serving the principal dwelling on the lot;
g) A garden suite shall be located behind the principal dwelling house on the
property;
h) The placement of a garden suite on a lot shall be subject to site plan
control pursuant to the Planning Act to ensure all servicing, buffering,
parking and other issues are addressed;
i) A temporary use zoning by-law is passed by Council in accordance with
the provisions of The Planning Act. The by-law shall be in place for a
period not exceeding ten (10) years.
5.16
Group Homes
Group Homes are permitted in the zones as indicated in this By-law subject to
the following requirements;
a) In addition to the minimum parking requirements of Section 5.31, one
additional parking space shall be provided for each attendant or staff
member who resides outside of the group home; and
b) All the provisions of the respective zones in which the group home is
situated shall be complied with.
5.17
Health Approval
No building permit shall be issued for any building or structure which requires a
septic system unless the building permit application is accompanied by approval
in writing from the appropriate responsible authority for the proposed method of
sewage disposal.
5.18
Height Exceptions
Notwithstanding the height provisions herein contained, nothing in this By-law
shall apply to prevent the erection, alteration, or use of the following accessory
buildings or structures provided the principle use is a use permitted with the
Zone in which it is located, namely:
a) A church spire;
b) A belfry;
c) A flag pole;
d) A clock tower;
e) A chimney;
f) A water tank;
g) A radio or television tower or antenna;
Zoning By-law 2001-58
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h) An Air conditioner duct;
i) A barn or silo;
j) A Drying elevator;
k) Incidental equipment required for processing; and
l) External equipment associated with internal building equipment.
5.19
Holding Zones
Where any zone symbol as shown on Schedules A and M is followed by the
symbol "H", this signifies that no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure until such time as the holding symbol
has been removed by the Township in accordance with the provisions of the
Planning Act. Upon removal of the holding symbol the permitted use of the
subject property and the erection of any buildings or structures thereon shall be
undertaken in accordance with the provisions of the underlying zoning category.
5.19.1. Zone Regulations
Uses legally existing prior to the passing of this By-law and accessory uses
thereto may be enlarged, reconstructed, renovated or replaced in accordance
with the relevant zone regulations where such use is normally permitted.
5.19.2. General Provisions
All special provisions of this Section 5 "General Provisions" shall apply, where
applicable to any land, lot, building, structure or use within zones subject to the
aforementioned "Holding" criteria.
5.20
Home Industry
Home industries are categorized as Type 'A' and Type 'B' home industries.
Home industries Type 'A' and Type 'B' are permitted in the zones as indicated
in this By-law in accordance with the following:
a) There is no external storage of goods or materials;
b) Refer to the Township of Hamilton's Sign By-law for property line
setbacks and restrictions;
c) The home industry is clearly secondary to the main residential use and
does not change the residential character of the dwelling nor create or
become a public nuisance; in particular in regard to noise, noxious
odours, emission of smoke, traffic or parking;
d) The home industry does not interfere with television or radio reception;
e) There are no goods, wares or merchandise, publicly offered or exposed
for sale on the premises outside of any buildings;
f)
On site parking is provided in accordance with Section 5.31;
g) Home industries are subject to site plan approval by the municipality; and
h) That a notice from the approving authority for sewage disposal under the
Ontario Building Code be received indicating that the sewage disposal
requirements have been met.
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5.20.1 Additional Provisions for Type 'A' Home Industries
Type 'A' Home Industries shall include craft shops, woodworking, repair and
service shops and similar type uses and associated retail sales in accordance
with the following:
a) Any accessory structure used for a Type 'A' home industry shall use not
more than 39 square metres (420 square feet) of the structure;
b) Not more than one (1) person not residing in the residence on the lot shall
be permitted;
c) Type 'A' and 'B' Home Industries may locate within accessory structures
erected prior to the passing of Zoning By-law No. 2001-58 and which
exceed the maximum size requirement provided these requirements have
been met:
i.
Subject to change of use approval; and
ii.
Subject to site plan/floor plan approval.
5.20.2 Additional Provisions for Type 'B' Home Industries
Type 'B' Home Industries shall include mechanics, craft shops, woodworking,
light manufacturing including farm equipment fabrication, repair and service
shops and other similar type uses and associated retail sales 'maximum of 10%
of the exclusively dedicated floor area' in accordance with the following: (By-law
2008-26)
a) The minimum lot size for a Type 'B' home occupation shall be 2 hectares
(4.94 acres);
b) Not more than two (2) persons not residing in the residence on the lot and
employed by the home industry shall be permitted;
c) One commercial vehicle associated with the home industry is permitted;
i.
On lots between 2.0 hectares (4.9 acres) and 2.4 hectares (6.0
acres) in size, the accessory structure or part thereof within a
building which was erected prior to the passing of this by-law used
for Type 'B' home industry shall not exceed 55.75 square metres
(600 square feet) and shall be located not closer than 15.2 metres
(50 feet) from any lot line; in addition, all Type 'B' home industry
accessory structures shall be subject to the provisions of Section 5.1;
ii.
On lots between 2.47 hectares (6.1 acres) and 4.0 hectares (10
acres) in size, the accessory structure or part thereof within a
building which was erected prior to the passing of this by-law used
for Type 'B' home industries shall not exceed 92.9 square metres
(1,000 square feet) and shall be located not closer than 20 metres
(66 feet) from any lot line; in addition, all Type 'B' home industry
accessory structures shall be subject to the provisions of Section 5.1;
iii.
On lots 4.1 hectares (10.1 acres) and larger in size, the accessory
structure or part thereof within a building which was erected prior to
the passing of this by-law used for Type 'B' home industries shall not
exceed 139.4 square metres (1,500 square feet) and shall be located
not closer than 25 metres (82 feet) from any lot line; in addition, all
Zoning By-law 2001-58
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Type 'B' home industry accessory structures shall be subject to the
provisions of Section 5.1;
d) Type 'A' and 'B' Home Industries may locate within accessory structures
erected prior to the passing of Zoning By-law No. 2001-58 and which
exceed the maximum size requirement provided these requirements have
been met:
i.
Subject to change of use approval; and
ii.
Subject to site plan/floor plan approval.
5.21 Home Occupations
Home occupations are categorized as Type 'A' and Type 'B' home occupations.
Home occupations Type 'A' and Type 'B' are permitted in the zones as
indicated in this By-law in accordance with the following:
a) There is no display, other than a sign of a maximum size of .55 square
metres (6.0 square feet) to indicate to persons outside that any part of the
dwelling is being used for a purpose other than residential. Refer to the
Township of Hamilton's Sign By-law for property line setbacks and
restrictions;
b) Such home occupation is clearly secondary to the main residential use
and does not change the residential character of the dwelling nor create or
become a public nuisance; in particular, in regard to noise, obnoxious
odours, emission of smoke, traffic or parking;
c) Such home occupation does not interfere with television or radio
reception;
d) Not more than 25 percent of the gross floor area of the dwelling is used for
the purposes of home occupation uses except in the case of a bed and
breakfast establishment in which situation the provisions of subsection
5.21.3 shall apply; and/or
e) That a notice from the approving authority for sewage disposal under the
Ontario Building Code be received indicating that the sewage disposal
requirements have been met.
5.21.1 Additional Provisions for Type 'A' Home Occupations
Type 'A' home occupations shall be conducted entirely within the principal
residence and shall be limited to administrative office type uses only and may
employ one (1) employee other than those residing in the dwelling.
5.21.2 Additional Provisions for Type 'B' Home Occupations
Type 'B' home occupations shall be conducted entirely within the principal
residence and shall be limited to personal service and medical occupations
such as hairdressers, day nurseries limited to 5 children or less, doctors and
dentist's offices and may employ one (1) person in addition to persons residing
in the residence.
5.21.3 Additional Provisions for Bed and Breakfast as a Home Occupation
Where a bed and breakfast establishment is established as a home occupation,
no more than 3 guest rooms shall be maintained for the accommodation of the
public.
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5.22
Lands in the Vicinity of Watercourses or Embarkments
Notwithstanding anything in this By-law, no permit shall be issued for any
building to be constructed within those areas outlined in subsections 5.22.1,
5.22.2 and 5.22.3 herein without the prior written approval of the Conservation
Authority, the Ministry of Natural Resources and/or the Canadian Parks Service
having jurisdiction.
5.22.1 No building or structure shall be located within the flood plain of a watercourse,
including a municipal drain, except where a municipal drain forms part of a road
allowance, notwithstanding that such watercourse is not shown on any schedule
forming part of this By-law.
5.22.2 Notwithstanding anything in this By-law, no building, structure, or septic tank
installation including the weeping tile field shall be located outside the
requirements of:
a) The provisions of The Building Code Act; and/or
b) Conservation authority regulations.
5.22.3 The provisions of subsections 5.22.1 and 5.22.2 shall not apply to buildings,
structures and services requiring direct access to the water as an operational
necessity such as a boathouse, marina, marina service building or facility, or
other similar structure.
5.23
Lands Severed by Public Utility Lines
Where lands are acquired for purposes of a public utility line and such
acquisition deprives a parcel of land of street frontage, the part of such parcel
so deprived of street frontage shall be deemed for purposes of this By-law to
have frontage on such street providing the land has a permanent right of access
to such street.
5.24 Loading Space Requirements
No person shall erect or use any building or structure in any zone for any
commercial or industrial purpose involving the movement of goods unless
loading spaces are provided and maintained in accordance with the following
provisions:
Area of Building
Loading Space
280 to 930 square metres
One (1) loading space
1400 square metres or fraction
thereof in excess of 930 metres
Two (2) loading spaces plus one
(1) additional loading space
a) Each loading space shall be at least 9.0 metres long, 3.5 metres wide and
have a vertical clearance of least 4.0 metres.
b) The required loading spaces shall be provided on the lot occupied by the
building or structure for which the said loading spaces are required and
shall not form a part of any street or lane.
c) For any commercial or industrial use, no loading space or part thereof
shall be located, and no land shall be used for loading purposes within 1.5
metres (4.9 feet) of any lot line, or within 3 metres (9.8 feet) of any street
line or boundary of any Residential zone, or within 3 metres (9.8 feet) of
the lot line of a residential use.
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d) Access to loading spaces shall be by means of a driveway at least 6
metres (19.7 feet) wide contained within the lot on which the spaces are
located and leading to a street or lane located within or adjoining the zone
in which the use is located.
e) The driveways and loading spaces shall be maintained with a stable
surface which is treated so as to prevent the raising of dust or loose
particles.
f) The loading requirements referred to herein shall not apply to any building
in existence at the date of enactment of this By-law so long as the gross
floor area as it existed at the date is not increased. If an addition is made,
then additional loading spaces shall be provided up to the number
required for such addition.
5.25
Multiple Uses on One Lot
Notwithstanding anything contained in this By-law, where any land or building is
used for more than one purpose, all provisions of this By-law relating to each
use shall be complied with, provided that no dwelling shall be located closer
than three (3) metres (9.8 feet) to any other building on the lot except a building
accessory to such dwelling. A dwelling or dwelling unit as an accessory use will
be allowed where permitted by this By-law in accordance with Section 5.12.
5.26
Non-Complying Buildings and Structures
Building on Existing Lots
Where a building has been erected prior to the date of the passing of this By-
law on a lot having less than the minimum frontage and/or area, or having less
than the minimum front yard, side yard, rear yard or usable open space required
by this By-law, the said building may be enlarged, reconstructed, repaired or
renovated provided said enlargement, reconstruction, repair or renovation does
not serve to further reduce a required yard or required usable open space and
provided all other provisions of this By-law are complied with.
5.26.1 Building Floor Area
Where a building has been erected prior to the date of the passing of this By-
law with a gross or ground floor area less than the minimum required in the
applicable zone of this By-law, such building may be enlarged, repaired or
renovated provided said repair or renovation does not further reduce the
building's gross or ground floor area.
5.27
Non-Conforming Uses
5.27.1 Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any lot,
building or structure for any purpose prohibited by this By-law if such lot,
building, or structure was lawfully used for such purpose on the day of passing
of this By-law, so long as it continues to be used for that purpose.
5.27.2 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use for a
purpose prohibited by this By-law of any building or structure, the plans for
which have prior to the passing of this By-law been approved and a permit
issued by the Township of Hamilton's Chief Building Official so long as the
building or structure when erected is used and continues to be used for the
Zoning By-law 2001-58
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purpose for which it was erected and provided that the erection of such a
building or structure is commenced within one year after the day of the passing
of this By-law and the building or structure is completed within a reasonable
time after the erection thereof is commenced.
5.27.3 Restoration to a Safe Condition
The provisions of this By-law shall not apply to prevent the strengthening to a
safe condition of any non-conforming building or structure or part thereof
provided such strengthening generally does not increase the height, size or
volume, of such building or structure.
5.27.4 Rebuilding, Repair or Strengthen to Safe Condition Permitted on Lands Zoned
as Environmental Protection.
a) Nothing in this By-law shall prevent the rebuilding or repair of any legal
non-conforming building or structure that is damaged or destroyed, or the
strengthening to a safe condition of any building or structure which does
not conform to the provisions of this By-law, subsequent to August 1,
1993, provided that the dimensions of the original building or structure are
not increased and the use of the building or structure not altered.
b) Wetlands Within Developed Areas
i.
Provincially significant wetlands within the Township of Hamilton
have been zoned Environmental Protection-Wetland.
ii.
Notwithstanding any other provisions of this By-law to the contrary,
all lands exhibiting a Zone category with the (-W) sub-category may
continue to be used for those uses existing as of August 1, 1993.
iii.
New building, structures or uses, or additions, alternations or
replacement of existing buildings or structures notwithstanding
Section 5.36 hereof to the contrary shall only be permitted where an
Environmental Impact Study (EIS) or a Site Plan assesses to the
satisfaction of the municipality, the Ministry of Natural Resources, the
Conservation Authority, the Health Unit and Trent Severn Waterway
(if on or adjacent to Rice Lake) that the proposed development will
have no impact on the Wetland.
c) Wetland - Adjacent Lands
i.
All lands zoned Environmental Protection-Wetland (EP-W) represent
provincially significant wetlands.
ii.
New buildings, structures or uses or additions, alternations or
replacement of existing buildings or structures shall only be permitted
within 120 metres of lands zoned EP-W where an Environmental
Impact Study (EIS) or a Site Plan assesses to the satisfaction of the
municipality in consultation with the Ministry of Natural Resources,
and the Conservation Authority, the Health Unit and Trent Severn
Waterway that the proposed development will have no impact on the
adjacent Wetland. In accordance with the Provincial Policy
Statement, new buildings, structures and uses or additions,
alterations or replacement of existing buildings or structures,
associated with established agricultural activities shall be permitted
without the need for an Environmental Impact Study on lands
adjacent to a Provincially Significant Wetland.
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5.28
Oak Ridges Moraine Provisions
5.28.1 Single Detached Dwelling Permitted
Notwithstanding any provision of this By-law, a single detached dwelling is a
permitted use, as a principal use on lands identified as PA, MA, ER, RR, LSR,
WR, UR1, UR2 and as an accessory use on lands identified as RC, RHC,
WRC, RI, MXA, MXB, OS, HC, HI, WRC and CF on Schedule 'M' to this By-law
within the Oak Ridges Moraine Conservation Plan Area provided the single
detached dwelling complies with all other provisions of the applicable zone and
further, the applicant submits information at the time of building permit
application that the use, erection and location will not, to the extent possible,
adversely affect the ecological integrity of the Oak Ridges Moraine. This
information may include a natural heritage evaluation and/or hydrological
evaluation completed in accordance with the Oak Ridges Moraine Conservation
Plan and will be approved by the Township in consultation with the local
Conservation Authority. Approval of the development is subject to site plan
approval by the Township.
5.28.2 Prohibited Uses
The following uses are prohibited on lands located within the Oak Ridges
Moraine Conservation Plan Area:
a) Generation and storage of hazardous waste or liquid industrial waste.
b) Waste disposal sites and facilities, organic soil conditioning sites and
snow storage and disposal facilities.
c) Underground and above-ground storage tanks that are not equipped with
an approved secondary containment device.
d) Storage of a contaminant listed in Schedule 3 (Severely Toxic
Contaminants) to Regulation 347 of the Revised Regulations of Ontario,
1990.
5.28.3 Expansion of Existing Buildings and Structures
a) The expansion of legally existing buildings and structures constructed
prior to November 15, 2001 is permitted on the same lot, provided that the
applicant demonstrates that:
i.
There will be no change in use; and
ii.
The expansion will not adversely affect the ecological integrity of the
Plan Area.
b) Where the expansion of an existing building or structure or the
establishment of an accessory use, building or structure intrudes on areas
within the Oak Ridges Environmental Zone or the Oak Ridges Moraine
Environmental Plan Review areas as shown on Schedules 'A' and M, the
applicant shall submit a natural heritage evaluation and/or a hydrological
evaluation completed in accordance with the Oak Ridges Moraine
Conservation Plan and will be approved in conjunction with the local
Conservation Authority. Approval of the development is subject to site plan
approval by the Township.
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5.28.4 Mineral Aggregate Operation
Notwithstanding the provisions of this By-law, existing mineral aggregate
operations or existing wayside pits within the Oak Ridges Moraine Core Zone
may not be expanded beyond the boundary of the area under licence or permit.
5.28.5 Areas of High Aquifer Vulnerability
Notwithstanding any other provisions of this By-law to the contrary, the following
uses are prohibited within an Area of High Aquifer Vulnerability as indicated by
the zone shown on Schedule "L" attached hereto and forming part of this By-
law:
a) Generation or storage of hazardous or liquid industrial waste;
b) Waste disposal sites and facilities, organic soil conditioning sites, and
snow storage and disposal facilities;
c) Underground or above-ground storage tanks that are not equipped with an
approved secondary containment device; and
d) The use, creation, handling or storage of alfatoxin, tetrachlorodibenzo-p-
dioxin, pentachlorodibenzo-p-dioxin, hexachlorodibenzo-p-dioxin, or
tetrachlorodibenzo furan, or other containments listed in Schedule 3
(Severely Toxic Contaminants) to Regulation 347 of the Revised
Regulations of Ontario, 1990.
5.28.6 Landform Conservation Area
a) Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply within a Landform Conservation Area
(Category 1) as indicated on Schedule "K" attached hereto and forming
part of this By-law.
i.
The net developable area of the site that is disturbed shall not
exceed twenty (25) percent of the total site area; and
ii.
The net developable area of the site that has impervious surfaces
shall not exceed 15 percent of the total site area.
b) Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply within a Landform Conservation Area
(Category 2) as indicated on Schedule "K" attached hereto and forming
part of this By-law.
i.
The net developable area of the site that is disturbed shall not
exceed fifty (50) percent of the total site area; and
ii.
The net developable area of the site that has impervious surfaces
shall not exceed twenty (20) percent of the total site area.
5.28.7 Infiltration Basins and Columns
New rapid infiltration basins and new rapid infiltration columns as defined in
Section 3B of this By-law, are prohibited on lands within the Oak Ridges
Moraine Plan Area, as shown on Schedule "A" to this By-law.
5.28.8 Transportation Infrastructure and Utilities
a) Notwithstanding any other provisions of this By-law to the contrary, all new
transportation, infrastructure and utilities uses listed below, and all
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upgrading or extension of existing transportation, infrastructure and
utilities uses, including the opening of a road within an unopened road
allowance, are prohibited on lands within an Oak Ridges Environmental
Zone as shown on Schedule "A" to this By-law:
i.
Public highways;
ii.
Transit lines, railways and related facilities;
iii.
Gas and oil pipelines;
iv.
Sewage and water service systems and lines and stormwater
management facilities;
v.
Power transmission lines;
vi.
Telecommunications lines and facilities, including broadcasting
towers;
vii.
Bridges, interchanges, stations, and other structures, above and
below;
viii.
Ground, that are required for the construction, operation or use of the
facilities listed in Clauses (i) to (vi) above; and
ix.
Rights-of-way required for the facilities listed in Clauses (i) to (vii)
above.
b) Notwithstanding Section 5.28.8 i. of this By-law to the contrary, publicly
initiated transportation, infrastructure, and utilities uses may be permitted
to cross an Oak Ridge Environmental Zone, as shown on Schedule "A" of
this By-law in accordance with all applicable policies of the Official Plan.
5.28.9 Oak Ridge Moraine
a) Notwithstanding any other provisions of this By-law to the contrary, lands
zoned Oak Ridge Moraine Environmental may be included in the
calculation of any zone provisions for adjoining lands, provided that such
lands used in the calculation are part of the same lot.
b) Notwithstanding any provision of this By-law to the contrary, all
development shall comply with all applicable Official Plan policies related
to the Oak Ridges Moraine Conservation Plan Area.
c) Where there is a conflict between this By-law and the Oak Ridges Moraine
Conservation Act, or the Oak Ridges Moraine Conservation Plan, the
more restrictive provisions shall prevail.
5.29
Obnoxious Uses
Notwithstanding anything contained herein, no land shall be used and no
building or structure shall be erected, altered or used for any purpose which is
obnoxious, and without limiting the generality of this subsection, for any purpose
that creates or is likely to become a nuisance or offensive, or both;
a) By the creation of noise or vibration in excess of the limits of The
Environmental Protection Act;
b) By reason of the emission of gas, fumes, smoke, dust or objectionable
odour in excess of the limits of The Environmental Protection Act, except
Zoning By-law 2001-58
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in the case of agricultural uses operating in compliance with the Guide to
Agricultural Land Use;
c) By any combination of those described in Clauses 5.21(a) and 5.21(b) of
this subsection;
d) Other obnoxious uses as outlined in the Municipal Property Standards By-
law.
5.30
Outdoor Woodburning Furnaces
Notwithstanding any other provision of this By-law to the contrary, an outdoor
wood burning furnace shall only be permitted to be located within Permanent
Agriculture and Marginal Agriculture Zones and shall comply with the following
regulations:
a) Minimum setback from:
i.
A lot line abutting a residential land use district permitting a single or
two unit dwelling 60 metres (196.9 feet); and
ii.
Any other lot line 30 metres (98.4 feet).
b) The installation of such unit shall require a building permit.
5.31
Parking Provisions
5.31.1 Off Street Parking Provision
For every building or structure to be erected for, altered for, or its use converted
to any of the uses specified in the following table, off-street parking facilities
shall be provided and maintained either on the same lot on which the principal
use is located or, where this is not possible, on a lot within 60 metres (196.9
feet) of the lot on which the principal use is located and in accordance with the
following table and other provisions contained in this subsection unless
otherwise specifically provided.
5.31.2 Parking Space Requirements
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Assembly Halls including Lodges,
Labour Union Halls, Dance Halls,
Community Centres, Theatres,
Churches and Place of Worship;
One (1) space for every three (3)
persons of maximum design capacity.
Automotive Sales Establishment (new
or used);
Minimum of ten (10) spaces plus one
(1) space for every employee working
on the premises during the peak
business period for Automotive Sales
Establishment (new or used).
Boarding or Rooming House, Bed and
Breakfast or Tourist Home;
One (1) space for each bedroom.
Bowling and Billiard Establishments;
One (1) space for every two (2)
persons of design capacity. Design
capacity shall mean six (6) persons per
bowling lane and two (2) persons per
billiard table.
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Business or Professional Offices;
One (1) space for every twenty-three
(23) square metres (247.6 square feet)
of gross floor area or where such
conflicts with the office of a doctor or
dentist, there shall be a minimum of
three (3) parking spaces provided on
the same lot.
Club (private or commercial) or
Recreational Establishment;
One (1) space for every three (3)
persons to be accommodated in the
design capacity of the building.
Funeral Home;
One (1) space for every three (3)
chapel seating spaces or fraction
thereof with a minimum of 10 spaces.
Government or Public Utility Buildings;
One (1) space for every twenty-three
(23) square metres (247.6 square feet)
or gross floor area.
Home Occupation or Home Industry;
One (1) space for every eighteen (18)
square metres (193.8 square feet) or
floor area devoted to the use of a Home
Occupation or Home Industry.
Nursing Homes;
One (1) space for every two (2) beds in
a Hospital (public or private).
Hotel, Motel, Inn or Resort;
One (1) space for every guest room
and one (1) space for every eight (8)
square metres (86.1 square feet) of
gross floor area devoted to public use.
Industrial Establishment;
One (1) space for every thirty-seven
(37) square metres (398.3 square feet)
of gross floor area.
Marina;
One (1) space for every 2 docking
berths.
Post Offices, Museums, Art Galleries &
Libraries;
One (1) space for every thirty-seven
(37) square metres (398.3 square feet)
of gross floor area.
Residential Dwelling Unit;
Two (2) spaces.
Restaurant, Tavern, banquet Hall,
Beverage Room, Lodge or Meeting
Area, excluding a Take-Out Restaurant;
One (1) space for every four and one
half (4.5) square metres (48.4 square
feet) of public floor area or one (1)
space for every four (4) persons of
design capacity, whichever is the
greater with a minimum of 10 spaces.
Retail Lumber and Building Supply
Outlets;
One (1) space for every twenty-eight
(28) square metres (301.4 square feet)
of retail floor space with a minimum of
6spaces.
Retail, Wholesale Sales, Service
Establishment or Studios
One (1) space for every twenty-eight
(28) square metres (301.4 square feet)
of gross floor area.
Assembly hall or auditorium in Schools; One (1) space per classroom, and one
space for each 10 people of maximum
design capacity.
Senior Citizen Multiple Dwellings;
Up to 30 dwelling units, parking spaces
shall equal 50% of the number of
dwelling units. Between 30 & 60 units,
parking spaces shall equal 40% of the
number of dwelling units.
Take-Out Restaurants;
One (1) space for every two (2) square
metres (21.5 square feet) of gross floor
area.
Zoning By-law 2001-58
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Retail Lumber and Building Supply
Outlets;
One (1) space for every twenty-eight
(28) square metres (301.4 square
feet)of retail floor space with a
minimum of 6spaces.
Retail, Wholesale Sales, Service
Establishment or Studios;
One (1) space for every twenty-eight
(28) square metres (301.4 square
feet)of gross floor area.
Schools;
One (1) space per classroom, and one
space for each 10 people of maximum
design capacity of the assembly hall or
auditorium.
Senior Citizen Multiple Dwellings;
Up to 30 dwelling units, parking spaces
shall equal 50% of the number of
dwelling units. Between 30 & 60 units,
parking spaces shall equal 40% of the
number of dwelling units.
Take-Out Restaurants;
One (1) space for every two (2) square
metres (21.5 square feet) of gross floor
area.
Warehouse or Bulk Storage Yards
One (1) space for every employee
working on the premises during the
peak business period.
Other uses
One (1) space for every twenty-eight
(28) square metres (301.4 square feet)
of gross floor area for uses permitted
by this By-law other than those listed
above but excluding accessory uses to
single detached dwellings; and
5.31.3 Handicap Parking
Handicap parking spaces shall be provided for all commercial uses listed in
Section 5.32.2 at the rate of 1 space per 500 square metres (5,382.0 square
feet) with a minimum of 2 spaces. Handicap parking spaces should be a
minimum of 3.5 metres (11.5 feet) wide and be located in close proximity to the
commercial establishment.
5.31.4 Restrictions in Residential Zones
No person shall use any parking area or parking space in a UR1 or UR2 Zone
except in accordance with the following:
a) Not more than one vehicle per dwelling unit shall be a commercial vehicle
as defined in The Highway Traffic Act; and/or
b) The rated capacity of any such commercial motor vehicle shall not exceed
one ton.
5.32
Planned Width of Road
5.32.1 Notwithstanding any other provision contained in this By-law, no building or
structure shall be hereafter erected in any zone closer than:
a) The requirement set out in the County By-law; for county roads and
b) From the requirement set out by The Township of Hamilton Public Works
department for township roads.
Zoning By-law 2001-58
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5.32.2 Notwithstanding the provisions of this by-law to the contrary, where a building,
structure or accessory use thereto is to be erected in a built-up area where
there is an established building line less than the required front yard and/or
exterior side yard requirement, such dwelling or accessory use is not to be
erected closer to the street line or to the centre line of the road or street, as the
case may be, than the established building line on the date of passing of this
By-law.
This provision shall not apply to those lands zoned Permanent Agriculture and
Marginal Agriculture.
5.33
Prohibited Uses
5.33.1 Except as otherwise specifically permitted in this By-law, the following uses are
prohibited in any zone:
a) Refining coal oil or petroleum products;
b) Tanning hides or skins;
c) Manufacturing gas;
d) Manufacturing glue;
e) A track for the racing of motor vehicles, motorcycles, go-carts or
snowmobiles; and
f) Locating or storing on any land for any purpose whatsoever, any disused
railroad car, truck, bus or coach body, whether or not the same is situated
on a foundation.
5.33.2 In addition to the uses prohibited in Clause 5.33.1 of this subsection, any use is
prohibited which by its nature or the materials used therein is declared under
The Health Protection and Promotion Act to be a health hazard.
5.33.3 In addition to the uses prohibited in Clause 5.33.1 of this subsection, all uses of
land and the erection or use of any building or structure for a purpose not
permitted under the "Permitted Principal Use" subsection of one or more zones
established by this By-law are and shall be deemed to be prohibited in each
such zone, except for those uses of land and the erection or use of any building
or structure for a purpose expressly permitted under the applicable provisions of
this By-law.
5.34
Prohibitions
5.34.1 No person shall use any land or erect any building or structure within a zone
except for a permitted use established or erected in accordance with the
regulations provided by this By-law for the zone in which it is located.
5.34.2 No person, except a public authority engaged in the implementation of public
works or services shall reduce in area or frontage any lot already built upon,
either by conveyance or alteration, so that the lot coverage of the building
exceeds the maximum permitted by this By-law, or so that the area or frontage
of the lot will be less than the minimum permitted by this By-law for the zone in
which the lot is located.
5.34.3 Except in a commercial or industrial zone, not more than one permitted use
shall be allowed on a lot unless specifically permitted in this By-law. This
section shall not prohibit the establishment of a home occupation or home
industry in conjunction with a dwelling where such use is permitted.
Zoning By-law 2001-58
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5.34.4 The purpose for which any land or building is used shall not be changed, no
new building or addition to any existing building shall be erected and no land
shall be severed from a lot, if such change, erection or severance creates a
situation that contravenes any of the provisions of this By-law applicable to each
individual remaining building, accessory building or lot.
5.34.5 Except as otherwise provided in this By-law, no building or structure shall be
erected, altered, extended or enlarged except upon a lot, nor shall any land be
used for any permitted use unless it comprises a lot as defined herein; but this
provision shall not prevent the use of any parcel or tract of land for agricultural
purposes, excluding the erection or enlargement of any building or structure
except a fence.
5.34.6 Removed
5.34.7 Notwithstanding anything contained in this By-law, no person shall use or
occupy any building for residential purposes:
a) Unless such building has been substantially completed and finished in all
respects in accordance with the plans and specifications filed upon
application for the building permit, and has an approved Occupancy
Inspection by the Chief Building Official or designate; and
b) Unless such building is serviced with electricity, a pressure well water
supply system, and an appropriate sanitary sewage disposal system.
5.34.8 Notwithstanding anything contained in the By-law, no person shall use any
building, structure or land for any purpose that would have a negative impact on
groundwater resources in the Township. As part of the building permit,
severance or rezoning process, the applicant may be required to obtain Ministry
of Environment and/or the Conservation Authority approval for any use.
5.34.9 Except as otherwise permitted in this by-law, no more than one principal
dwelling shall be permitted per lot.
5.35
Public Uses and Utilities
5.35.1 Notwithstanding anything contained in this By-law, the Township of Hamilton or
any local board thereof, or any joint Board of two or more municipalities, any
telephone or telegraph company, any transportation system owned, operated,
or authorized by or for the Township of Hamilton, any Department of the
Federal or Provincial Government or any Conservation Authority established by
the Government of Ontario, may, for purposes of public service, use any land or
erect or use any building or structure in any zone except Environmental
Protection-Wetland or Environmentally Sensitive Areas provided:
a) That such use, building or structure, shall be in compliance with the
height, coverage, landscaped open space and yard regulations prescribed
for such a zone;
b) That there shall be no open storage of goods, materials, or equipment in
the yards of any Residential Zone; and
c) That any building or structure erected or used in any Residential Zone
shall be of a character and shall be maintained in general harmony with
the buildings of the type permitted in the said zone.
5.35.2 Nothing in this By-law shall prevent the use of any land as a public park, a
public street or for the location of a properly authorized traffic sign or signal, or
Zoning By-law 2001-58
66
any sign or notice of any Municipal, Provincial or Federal government
department or authority.
5.36
Replacement of Buildings and Structures
A building or structure, including a legal non-conforming and/or legal non-
complying building or structure, may be replaced with a new building or
structure in the case of partial or complete destruction caused by fire, lightning,
explosion, tempest, flood or Act of God, or demolition by order of the
Corporation of the Township of Hamilton, the local Health Unit, or other
authority for safety, health or sanitation requirements, providing such building or
structure is serviced by a well and sewage disposal system approved by the
appropriate responsible authority. The provisions of Section 5.26 shall apply in
the case of the reconstruction of a legal non-complying building or structure.
5.37
Setback from Pipeline
Notwithstanding any other provisions of this By-law to the contrary, no building
or structure or no excavation shall be permitted within 10 metres (32 feet) of a
major natural gas or oil pipeline right-of-way.
5.38
Swimming Pools
Notwithstanding any other provisions of this By-law a swimming pool is
permitted as an accessory use in any residential, agricultural, commercial,
community facility or open space zone provided that:
a) No part of such pool shall be located closer to any lot line than the
minimum distance required for an accessory building located on such lot;
and/or
b) Any building or structure required for changing clothing or for pumping or
filtering facilities, or other similar accessory uses shall meet all of the
accessory building requirements of the zone in which the pool is located.
5.39
Sight Triangles
Unless otherwise specified in this By-law, on a corner lot, within the triangular
space formed by the street lines and a line drawn from a point in one street line
to a point in the other street line, each point being measured nine (9) metres
(29.5 feet) along the street lines from the point of intersection of the street lines,
no building or structure which would obstruct the vision of drivers of motor
vehicles shall be erected and no trees, shrubs, hedges, fences or walls shall be
planted, erected or maintained of greater height than one (1) metre (3.3 feet)
above the centre line of the adjacent road at the lowest point. Where the two
street lines do not intersect at a point, the point of intersection of the street lines
shall be deemed to be the intersection of the tangents to the street lines. Refer
to Appendix 'A'.
5.40
Temporary Uses
Nothing in this By-law shall prevent the use of any land, or the erection or use of
any building or structure for a construction camp, work camp, tool shed,
scaffold, or other building or structure including a temporary sales or rental
office, which is incidental to and necessary for construction work of the
premises, but only for so long as such use, building or structure is necessary for
such construction work which has not been finished or abandoned.
"Abandoned" in this Section shall mean the failure to proceed expeditiously with
the construction of a work, specifically abeyance of construction for six months.
Zoning By-law 2001-58
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5.41 Truck, Bus and Coach Bodies
Except as otherwise specifically permitted in this By-law, no truck, bus, coach
body or structure of any kind, other than a dwelling unit erected and used in
accordance with this and all other By-laws of the Township shall be used for
human habitation, whether or not the same is mounted on wheels or other form
of mounting or foundation.
5.42 Yard Encroachments
5.42.1 Except as otherwise provided in this By-law, every part of any required yard
shall be open and unobstructed by any building or structure from the ground to
the sky, except for:
a) Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters
or other ornamental features, provided however that the same shall not
project more than 0.6 metres (2 feet) into any required yard;
b) Drop awnings, clothes poles, garden trellises, TV or radio antennas, or
similar accessories;
c) Fences, solar collectors, parking lots, retaining walls, driveways, patios
and other such uses as specifically permitted in this By-law;
d) Signs, provided however that the same shall be erected in accordance
with the provisions of any Sign By-law of the Municipality, County or the
Ministry of Transportation;
e) Light standards, fuel pump islands and fuel pumps of automobile service
stations, provided however that the same shall be erected in accordance
with the applicable provisions of this By-law;
f) Fire escapes, provided however that the same shall project into any
required side or rear yard a distance of not more than 1.5 metres (4.9
feet); and
g) Accessory buildings, provided however that the same shall be erected in
accordance with the applicable provisions of this By-law.
5.42.2 Notwithstanding the yard provisions of this By-law to the contrary, canopies,
steps and unenclosed and uncovered decks and porches may project into any
required front or rear yard a maximum distance of 1.5 metres (4.9 feet). This
however, does not permit a balcony and/or porch to extend into a required yard
if in fact the balcony and/or porch is an addition to the house intended to
circumvent the intent of this section. For purposes of this section, a "deck" shall
mean a horizontal surface supported on piers, free of any roof or other covering,
and which may be surrounded by a railing the height of which is governed by
the Ontario Building Code.
5.42.3 Notwithstanding any other provisions of this By-law, a railway spur shall be
permitted in an Industrial Zone within a required yard.
Zoning By-law 2001-58
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Section 6 - Permanent Agriculture (PA)
6.1
Preamble
Within a Permanent Agricultural Zone (PA), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than a
permitted use in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
6.2
Permitted Uses
6.2.1
Permitted Principal Uses
a) A kennel;
b) A principal single detached dwelling;
c) Agricultural and farm uses, including a livestock facility and intensive
agricultural uses;
d) Conservation uses including forestry, reforestation and other activities
connected with the conservation of soil or wildlife;
e) Medium Scale or Large Scale Fire Wood Processing Operation;
f) Open space;
g) Outdoor recreational uses such as hiking and cross-country ski trails;
and/or;
h) Wayside pits and quarries;
i) Agriculture-related uses; and/or
j) On-farm diversified uses.
6.2.2 Permitted Accessory Uses
a) A bed and breakfast establishment;
b) A type "A" or a type "B" home occupation in accordance with the
provisions of Section 5.21;
c) A type "A" or a type "B" home industry in accordance with the provisions of
Section 5.20;
d) An accessory building to any of the above principal uses;
e) An agricultural produce sales outlet for the sale of raw produce grown on
this location;
f) Additional residential unit(s) subject to the provisions of Section 5.2;
and/or
i) Shipping containers where a building permit has been issued.
6.3
Zone Regulations
Zoning By-law 2001-58
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6.3.1 For the Property
a) Lot Area: 18.2 hectares (45 acres) minimum;
b) Lot Frontage: 100 metres (328.1 feet) minimum;
c) Off-street parking shall be provided in accordance with Section 5.30; and
d) Livestock facilities shall be in accordance with Section 5.3.
6.3.2 For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 20 metres (65.6 feet) minimum;
c) Interior Side Setback: 10 metres (32.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum;
e) Gross Floor Area of Dwelling: 90 square metres (968.7 square feet)
minimum;
f) Building Height: 11 metres
g) No building or structure used for the housing, training or care of animals in
conjunction with a kennel as defined in this By-law, shall be located less
than 150 metres (492.1 feet) from a residential zone or an existing
residential use on a neighbouring lot.
6.3.3 For Accessory Building(s)
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Setback: 10 metres (32.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum; and
e) Building Height: 45 metres (147.6 feet) maximum
6.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Permanent
Agricultural (PA) Zone.
6.5
Special Permanent Agricultural Zones (PA)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
6.5.1 Special Permanent Agricultural 1 (PA-1)
Part Lot 18, Concession 7
Part 1 on RP 39R-8187 s/e Part 1 on RP 39R-8310
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-1 the following special provisions shall apply:
a) Residential - All residential uses are prohibited;
Zoning By-law 2001-58
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b) Non-Residential - use of the existing barns for the housing, raising,
fattening or otherwise, of any type of livestock, shall not be permitted.
6.5.2
Special Permanent Agricultural 2 (PA-2)
Part Lot 21, Concession 1
Part 11 on RP 39R-151
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-2 the following special provisions shall apply:
a) Non-Residential - an auction outlet shall be permitted in addition to all
other permitted Permanent Agriculture uses.
6.5.3
Special Permanent Agricultural 3 (PA-3)
The lands subject to this By-law amendment are described as follows:
Part Lots 1 and 2, Concession 4
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-3 the following special provisions shall apply:
a) Residential - All residential uses are prohibited.
6.5.4
Special Permanent Agricultural 4 (PA-4)
Part Lots 23 and 24, Concession 7
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-4 the following special provisions shall apply:
a) Residential - All residential uses are prohibited.
b) Non-Residential - use of the existing barns for the housing, raising,
fattening or otherwise, of any type of livestock, shall not be permitted.
6.5.5
Special Permanent Agricultural 5 (PA-5)
Part Lot 22, Concession 7
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-5 the following special provisions shall apply:
a) Residential - All residential uses are prohibited.
6.5.6
PA-6 unused
6.5.7
Special Permanent Agricultural 7 (PA-7) By-law 2004-08
Part Lot 26, Concession 2
Part 2 on RP 39R-8872
7820 Telephone Road
Notwithstanding the permitted uses and provisions of the Permanent Agriculture
Zone (PA), as previously amended, within the Permanent Agriculture Exception
Zone (PA-7) the following additional uses and provisions shall apply:
(1)
Uses Permitted:
a) Non-Residential Uses
i.
A truck terminal
ii.
An accessory business office.
For purposes of this By-lay the following definitions shall apply:
Zoning By-law 2001-58
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Commercial Motor Vehicle - (as defined within the Highway Traffic Act) means a
motor vehicle having permanently attached thereto a truck or delivery body and
includes ambulances, hearses, casket wagons, fire apparatus, busses and
tractors used for hauling purposes on the highways.
(2)
Zone Provisions:
a) Commercial Motor Vehicle (maximum 10)
6.5.8 Special Permanent Agricultural 8 (PA-8) By-law 2002-49
Part Lot 29, Concession 7
Part 1 on RP 39R-3374
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-8 the following special provisions shall apply:
'Livestock Animal' shall mean a horse, foal, cow, calf or the combination
thereof.
'Riding Arena' - shall mean an enclosed area for the display and/or exercising of
horses and/or cattle residing on the property but not for stalls and overnight
occupancy, storage or other farm animals or uses.
Special Zone Provisions:
a) Lot area: Minimum 2.8 hectares (7 acres);
b) Lot coverage: Existing non-residential lot coverage 371.6 square metres
(4000 ft2) - maximum
c) Riding Arena Lot Coverage: 12,000 ft2; and
d) Nutrient Units Per Lot: Maximum 14.
6.5.8A Special Permanent Agricultural 8A (PA-8A)
Part Lot 25 and 26, Concession A
7875 County Road 2
a) Notwithstanding Section 5.26 of Zoning By-law 2001-58, the entire
property at 7875 County Road 2 (West 1/2 Lot 25 and East 1/2 Lot 26,
Concession A, Township of Hamilton) shall be deemed to have frontage
on County Road 2 and residential buildings associated with the farm use
of the subject property are permitted to locate on the subject property
south of the existing railway lines, subject to a setback of 22 metre from
the identified Lake Ontario Flood Line which has an elevation of 75.7
metre.
b) The building area for the farm residence, inclusive of lands associated with
the private services and amenity area for the residence shall be located
within an area of approximately 91m by 61m, located a minimum of 30.5
metre west of the easterly property line and a minimum of 22 metre north
of the identified Lake Ontario Flood line (elevation 75.7 metre).
c) All existing vegetation shall be retained to the extent possible with the
exception of the areas required for the access driveway, areas for the
residence and associated accessory buildings, amenity areas and private
service areas. Construction and maintenance of the access driveway and
railway crossings shall be to the satisfaction of the Township of Hamilton.
Zoning By-law 2001-58
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d) The final approval for the residential dwelling shall be subject to Site Plan
Approval and a Site Plan Agreement.
The Schedules to Zoning By-law 2001-58 are hereby amended in accordance
with Schedule A and A1 attached hereto and as described as follows:
Rezoning the part of the lands south of the CNR right-of-way from Open Space
zone (OS) and Environmental Protection-Wetland zone (EP-W) to Special
Permanent Agricultural zone (PA-8A), except for those lands identified as
Wetlands-evaluated on the Natural Heritage Features Map prepared by the
Ontario Ministry of Natural resources dated 11/03/2008, which shall remain
zoned as Environmental Protection-Wetland zone (EP-W), as identified on the
attached Schedule 1 to this amendment and to permit the construction of a
single detached dwelling associated with the farm within the Special Permanent
Agricultural zone (PA-8A) within the area identified on the attached Schedule
A1.
6.5.9A Special Permanent Agricultural 9A (PA-9A) By-law 2006-50
Part of Lot 28, Concession 3
Lot area: Minimum 7.2 hectares (18 acres)
All other provision of the PA zone shall apply within the PA-9A zone.
6.5.9B Special Permanent Agricultural 9B (PA-9B) By-law 2012-02
Part of Lot 35, Concession 6, more particularly described as
Part 1 on RP 39R-3389 plus additional lands not further described
6.5.9B.1 Zone Regulations
For all principal buildings or uses of existing house:
a) Lot area (minimum) - 5.86 hectares (14.5 acres)
b) Lot frontage (minimum) - 83.55 metres (274.13 feet)
c) Interior side yard (minimum) - 7.88 metres (25.88 feet)
of existing house
6.5.10 A Special Permanent Agricultural 10A (PA-10A) By-law 2012-13
Part of Lot 9, Concession 8, more particularly described as
Part 1 on RP 39R-12602
6.5.10A.1 Zone Regulations
a) For all principal buildings or uses:
i) Lot area (minimum) - 2 hectares (4.9 acres)
ii) Lot frontage (minimum) - 65.963 metres (216.41 feet)
b) For accessory buildings not attached to the principal building:
i) Front setback of existing garage - 3.03 metres (9.9 feet).
6.5.10B Special Permanent Agricultural - 10B (PA-10B) By-law 2012-58
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
PA-10B and shown on Schedule "A" attached, the following special provisions
shall apply:
Zoning By-law 2001-58
73
Area to be rezoned (maximum)
1.61 acres
Front yard (minimum)
365 metres
Rear yard (minimum)
300 metres
Side yard (minimum)
50 metres
Permitted uses:
All uses permitted within the Permanent Agriculture (PA) Zone plus the
following additional permitted use:
a) A firewood processing establishment.
For purposes of this By-law a firewood processing establishment is defined as
an establishment that processes timber, both on-site and off-site, by means of a
loader and cutter. The said activity will be limited to the area so zoned for
storage and processing of the firewood and timber. The majority of sales and
firewood product will be delivered to off-site locations, as opposed to pickup.
The firewood processing establishment will be subject to the Township of
Hamilton Site Plan Control By-law and a Site Plan Agreement shall be
registered on title accordingly.
All other provisions of By-law 2001-58 shall apply to lands zoned PA-10B.
6.5.11 Special Permanent Agricultural 11 (PA-11) By-law 2013-23
Part of the South Half of Lot 27, Concession 5, save and except Part 1 on RP
39R-3369 and Part 1 on RP 39R-12778
6.5.11.1 Zone Regulations
a) Front yard (minimum):
i) For the existing single detached dwelling - 14.32 metres (47 feet)
ii) For the existing 30'x90' detached barn - 6.09 metres (20 feet)
6.5.12 Special Permanent Agricultural 12 (PA-12) By-law 2014-10
Part Lot 27 and 28, Concession 3
Part of Part 1 and Parts 2 and 3 on RP 39R-11991
6.5.12.1 Zone Regulations
a) Permitted uses: The 2nd single detached dwelling is recognized until such
time as it is demolished or destroyed.
6.5.13 Special Permanent Agricultural 13 (PA-13) By-law 2014-07
Part Lot 34, Concession 2
Part 2 on RP 39R-12992
6.5.14 Permitted Uses
a) The following uses are prohibited in the Permanent Agricultural-13 (PA-
13) zone as per Section 2.3.4.1.c. of the Provincial Planning Statement,
2024.
i.
All principal residential uses;
ii.
All accessory residential uses.
Zoning By-law 2001-58
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6.5.14 Special Permanent Agricultural -14 (PA-14) By-law 2014-54
Part Lot 26, Concession 7
Save and except Part 1 on RP 39R-13088
7772 Cavan Road
6.5.14.1 Permitted Uses
a) The following uses are prohibited in the Permanent Agricultural-14 (PA-
14) zone as per Section 2.3.4.1.c. of the Provincial Planning Statement,
2024.
i.
All principal residential uses;
ii.
All accessory residential uses;
iii.
Any animal housing or manure storage areas within the existing
farming buildings as of the date of the adoption of this by-law, in
accordance with the Minimum Distance Separation calculations.
6.5.15 Special Permanent Agricultural -15 (PA-15) By-law 2015-19
Part Lot 16, Concession 6,
Part 1 on RP 39R-13160
6.5.15.2 Zone Regulations
a) For all uses:
i.
Lot area minimum
2.96 ha (7.31 ac);
ii.
Lot frontage minimum
91.87 m (301.4 ft);
iii.
Front yard setback minimum
11.6 m (38.05 ft)
6.5.16 Special Permanent Agricultural -16 (PA-16) By-law 2016-39
Part of Lots 25 and 26 in Concession 2
Dale Road
a) The minimum lot frontage shall be 98.47 metres (323.06 feet) on Dale
Road.
b) The minimum front setback for the existing farm building shall be 18.01
metres (59.08 feet).
c) The use of the existing farm buildings shall be restricted from any farm
animal housing or manure storage areas as per the Minimum Distance
Separation requirements.
d) Any future farm animal housing or manure storage area shall be permitted
on the property subject to compliance with Minimum Distance Separation
II calculations for the new structure/use.
6.5.17 Special Permanent Agricultural -17 (PA-17) By-law 2017-04
Part of Lot 19 in Concession 7, Hamilton Township
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-17 (PA-17) zone as per
Section 2.3.4.1.c. of the Provincial Planning Statement, 2024.
a) All principal residential uses;
Zoning By-law 2001-58
75
b) All accessory residential uses
2. The minimum lot frontage shall be 98.47 metres (323.06 feet) on Cavan
Road and 438.3 metres (1438.02 feet) on Donaldson Road.
6.5.18 Special Permanent Agricultural -18-ORM (PA-18-ORM) By-law 2017-11
Part of Lot 2 in Concession 4, Hamilton Township
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Core zone,
the Oak Ridges Moraine Countryside zone and the Oak Ridges Moraine
Environmental zone, the following uses are prohibited in the Permanent
Agricultural-18-ORM (PA-18-ORM) zone as per Section 2.3.4.1.c. of the
Provincial Planning Statement, 2024, as amended.
a) All principal residential uses;
b) All accessory residential uses
6.5.19 Special Permanent Agricultural -19-ORM (PA-19-ORM) By-law 2017-24
Part of Lot 31 in Concession 7, Hamilton Township
Part 2 on RP 39R-13518
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-19-ORM (PA-19-ORM) zone
as per Section 2.3.4.1.c. of the Provincial Planning Statement, 2024, as
amended.
a) All principal residential uses;
b) All accessory residential uses
2. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum lot area
22.36 hectares (55.25 acres);
b) Minimum lot frontage
136.73 metres (448.58 feet)
6.5.20 Special Permanent Agricultural -20-ORM (PA-20-ORM) By-law 2017-24
Part Lot 31, Concession 7
Part 1 on RP 39R-13518
1. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum lot area
8.09 hectares (19.99 acres);
b) Minimum lot frontage
94.03 metres (308.49 feet).
6.5.21 Special Permanent Agricultural -21-ORM (PA-21-ORM) By-law 2017-46
Part of Lot 11, Concession 6
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-21-ORM (PA-21-ORM) zone
as per Section 2.3.4.1.c. of the Provincial Planning Statement, 2024, as
amended.
Zoning By-law 2001-58
76
a) All principal residential uses;
b) All accessory residential uses
2. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum side setback of existing foundation: 3.76 metres (12.33 feet)
6.5.22 Special Permanent Agricultural -22 (PA-22) By-law 2018-35
(the retained parcel of application B-26/17)
3218 Hickerson Road
Part of Lot 3 in Concession 4, Hamilton Township
More particularly described as
Part of Part 1 on RP 39R-2655
6.5.22.1 Zone Provisions
a) The property enjoys broken frontages along Clapperton Road and
Hickerson Road with the minimum frontage of 86.86 m +/- (285 ft +/-)
along Hickerson Road between the properties known as 9707 Clapperton
Road and 3318 Hickerson Road.
b) The remaining provisions of Section 6.3 shall remain in force and effect in
respect of the PA-22 zone.
6.5.23 Special Permanent Agricultural -23-ORM (PA-23-ORM) By-law 2018-60
Vacant land on Cavan Road
Part Lot 17 and 18, Con 7
Save and Except Part 1 on RP 39R-13829
6.5.23.1 Permitted Uses
a) All principal residential uses;
b) All accessory residential uses
6.5.24 Special Permanent Agricultural -24 (PA-24) By-law 2019-64
The lands subject to this by-law amendment are described as follows:
(the retained/remnant lands of consent applications B-18/18)
Part of Lot 26, Con 1
Now more specifically described as
Part of Part 3 on RP 39R-318
(save and except Parts 1 and 2 on RP 39R-14000)
6.5.24.1 Minimum front setback to the existing building shall be
17.94 metres (58.85 feet).
6.5.25 Special Permanent Agricultural -25-ORM (PA-25-ORM) By-law 2019-80
Part of Lot 10, Con 6
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-25-ORM (PA-25-ORM) zone
as per Section 2.3.4.1.c. of the Provincial Planning Statement, 2024, as
amended.
a) All principal residential uses;
b) All accessory residential uses
Zoning By-law 2001-58
77
2. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum front setback of existing barn foundation fronting on
Eagleson Road: 6.11 metres (20.04 feet);
b) Minimum side setback of existing barn foundation fronting on Eagleson
Road: 1.86 metres (6.10 feet).
6.5.26 Special Permanent Agricultural -26-ORM (PA-26-ORM) By-law 2020-04
Part of Lot 8, Con 8
Now more specifically described as Part 1, 5, 6 and 7 on RP 39R-14043
Zone Provisions
1. Notwithstanding the permitted uses in the Oak Ridges Moraine
Countryside zone, the following uses special provisions shall apply:
a) Non-Residential Use: A nursery/greenhouse use shall be permitted in
addition to all other uses permitted in Section 6.2 of this By-law;
b) Minimum front setback of existing frame building fronting on Sully
Road 11.77 metres (38.61 feet), as existing on the date of the passage
of this by-law;
c) Minimum front setback of existing greenhouse fronting on Sully Road
18.85 metres (61.84 feet), as existing on the date of the passage of
this by-law.
6.5.27 Special Permanent Agricultural -27 (PA-27) By-law 2020-05
Part of Lot 31 and 32, Con 3
Part of Part 1 on RP 39R-11523
Zone Provisions
1. Notwithstanding the permitted uses in the Permanent Agriculture (PA)
zone, the following uses are prohibited in the Permanent Agricultural-27
(PA-27) zone as per Section 2.3.4.1.c. of the Provincial Planning
Statement, 2024, as amended.
a) All principal residential uses;
b) All accessory residential uses
6.5
27B Special Permanent Agricultural - 27B (PA-27B) By-law 2021-33
Part Lot 35, Con 3
Part 2, on RP 39R - 14251
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-27B the following special provisions shall apply:
1. Residential: All residential uses are prohibited
All other provisions of this by-law shall apply.
6.5.28 Special Permanent Agricultural - 28 (PA-28) By-law 2021-34
Part Lot 32, Con 3
Part 2 on RP 39R-14250
1. Residential: All residential uses are prohibited.
Zoning By-law 2001-58
78
2. Non-Residential: Use of existing barns or buildings located on the property
as of the date of the passing of this by-law, for the housing, raising,
fattening or otherwise, of any type of livestock, shall not be
permitted.
6.5.29 Special Permanent Agricultural - 29 (PA-29) By-law 2024-05
Part of Lot 25, Concession 5,
Being Part Lots 1 and 2 on RP 39R-14732,
Notwithstanding Sections 6.3.1 a), 6.3.1 b) and 5.34 of this By-law to the
contrary, the following special zone provisions shall apply to lands zoned
Special Permanent Agriculture 29 (PA-29):
6.5.29.1
Minimum lot area
2 ha
Minimum lot frontage
60.96 m
Maximum floor area for a Type 'A' home industry shall be 92.9 m2.
6.5.30 Special Permanent Agricultural - 30 (PA-30) By-law 2024-07
Part of Lot 12, Concession 3
Notwithstanding any provision of this by-law to the contrary, on lands zoned
Special Permanent Agriculture 30 (PA-30), all residential uses shall be
prohibited.
Notwithstanding Section 6.3.2, to the contrary, on lands zoned Special
Permanent Agriculture 30 (PA-30) the minimum lot area requirement shall be 4
ha.
Zoning By-law 2001-58
79
Section 7 - Marginal Agriculture (MA)
7.1
Preamble
Within a Marginal Agricultural Zone (MA), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than a
permitted use in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
7.2
Permitted Uses
7.2.1
Permitted Principal Uses
a) A golf course;
b) A grain drying facility;
c) A kennel;
d) A livestock assembly area or livestock exchange;
e) A principal single detached dwelling;
f) A riding club;
g) A warehouse;
h) Agricultural and uses including a livestock facility and intensive agricultural
uses;
i) An agricultural sales barn;
j) Conservation uses including forestry, reforestation and other activities
connected with the conservation of soil or wildlife;
k) Medium Scale or Large Scale Fire Wood Processing Operation;
l) Open space;
m) Outdoor recreational uses such as hiking and cross-country ski trails;
n) Passive outdoor recreational uses;
o) Wayside pits and quarries; and/or
p) Woodlots;
q) Agriculture-related uses;
r) On-farm diversified uses.
7.2.2 Permitted Accessory Uses
a) A bed and breakfast establishment;
b) A nursery;
c) A research facility;
Zoning By-law 2001-58
80
d) A type "A" or a type "B" home occupation in accordance with the
provisions of Section 5.21;
e) A type "A" or a type "B" home industry in accordance with the provisions of
Section 5.20;
f) An accessory building to the above principal uses;
g) An agricultural greenhouse;
h) An agricultural produce sales outlet for the sale of raw produce grown on
this location;
i) Additional residential unit(s) subject to the provisions of Section 5.2;
and/or
j) Shipping containers where a building permit has been issued.
7.3
Zone Regulations
7.3.1 For the property:
a) Lot Area: 2 hectares (4.9 acres) minimum;
b) Lot Frontage: 60 metres (196.9 feet) minimum;
c) Off-street parking shall be provided in accordance with Section 5.31; and
d) Livestock facilities shall be in accordance with Section 5.40.
7.3.2 For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 20 metres (65.6 feet) minimum;
c) Interior Side Setback: 10 metres (32.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum;
e) Gross Floor Area of Dwelling: 90 square metres (968.7 square feet)
minimum;
f) Building Height: 11 metres
g) No building or structure used for the housing, training or care of animals in
conjunction with a kennel as defined in this By-law, shall be located less
than 150 metres (492.1 feet) from a residential zone or an existing
residential use on a neighbouring lot.
7.3.3 For Accessory Building
a) Front Setback: 20 metres (65.6 feet) minimum
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Setback: 10 metres (32.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet); and
Zoning By-law 2001-58
81
e) Building Height: 45 metres (147.6 feet) maximum.
7.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Marginal
Agricultural (MA) Zone.
7.5
Special Marginal Agriculture (MA) Zones
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
7.5.1
Special Marginal Agricultural 1 (MA-1)
Part Lot 19, Concession 9
a) Residential - A seasonal dwelling shall be permitted:
i.
Lot frontage - 0.0 metres (0.0 feet) minimum;
ii.
Lot area - 5.26 hectares (13.0 acres) minimum;
iii.
Interior side yard - 13.7 metres (44.9 feet) minimum.
7.5.2
Special Marginal Agricultural 2 (MA-2)
Part Lot 5, Concession 4
a) Residential: The maximum floor area occupied by a home occupation in
the accessory building shall not exceed 148.6 square metres (1,600
square feet).
7.5.3
Special Marginal Agricultural 3 (MA-3)
Part Lot 8, Concession 9
a) Residential: All residential uses are permitted.
7.5.4
Special Marginal Agricultural 4 (MA-4)
Part Lot 6, Concession 4
a) Non-Residential: Limited numbers of livestock may be kept and shall be
limited to 3 horses, 15 chickens and 2 cows, in addition to all other
permitted non-residential uses.
7.5.5
MA-5 Not used
7.5.6
Special Marginal Agricultural 6 (MA-6) By-law 2003-06
Pt Lot 10, Concession 9
a) Non-Residential:
i.
A run-in shelter 5.4 metres x 8.5 metres (18' x 28') maximum
ii.
Limited livestock animals - 2 maximum
iii.
Setback from watercourse - 20 metres (66 feet) minimum
iv.
Setback from right-of-way - 76.2 metres (250 feet) minimum
For purposes of this By-law livestock animals shall mean horse or foal.
7.5.7
Special Marginal Agricultural 7 (MA-7) By-law 2004-52
Zoning By-law 2001-58
82
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
MA-7 and shown on Schedule "A" attached, the following special provisions
shall apply:
a) Lot frontage (minimum)
56.38 metres (185 feet)
All other provisions of Zoning By-law 2001-58 shall apply.
7.5.7A Special Marginal Agricultural 7A (MA-7A) By-laws 2005-60 & 2005-61
Pt Lot 25, Concession III
Plan RP 39R-11304, Part 4
Williamson Road
Permits a lot having a minimum lot frontage of 180 feet (54.864 metres).
7.5.7B Special Marginal Agricultural 7B (MA-7B) By-law 2007-19
Pt Lot 24, Concession IV
Plan RP 39R-1431, Part 1 and 2 and PR 39R-11636 Part 1
8075 and 8097 Jibb Road
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
MA-7B the following special provision shall apply:
a) Lot frontage (minimum)
1.2 hectares (3 acres)
All other provisions of By-law 2001-58, as amended, shall apply.
7.5.8
Special Marginal Agricultural 8 (MA-8) By-law 2007-18
Pt Lot 1, Concession 4
Plan RP 39R-11636, Part 1
9868 Ellis Road
Notwithstanding any provision of this By-law to the contrary, on lands zoned
MA-8 the following special provision shall apply:
a) Lot frontage (minimum)
58.8 metres (193 feet)
7.5.9
Special Marginal Agricultural 9 (MA-9) By-law 2004-45
Part Lot 6, Concession B
Notwithstanding the provisions of Section 7.2 of this By-law to the contrary, on
lands zoned MA-9 and shown on Schedule "A" attached, the following special
provisions apply:
a) Permitted Uses
i.
An administrative office use associated with a church camp;
ii.
Three single detached dwelling units;
iii.
Accessory uses and structures to the above permitted use; and
iv.
Uses permitted in Section 7.2
b) No development including the removal of vegetation, the placement or
removal of fill or the construction of buildings or structures of any kind shall
be permitted within 30 metres of the watercourse located east of the lands
zoned MA-9.
c) All other provisions of this By-law shall apply.
Zoning By-law 2001-58
83
7.5.10 Special Marginal Agricultural - 10 (MA-10) By-law 2010-06
Part Lot 27, Concession 8
Part 1 on RP 39R-11823
7.5.10.1 Zone Regulations
a) For All Principal Buildings or Uses:
i) Lot Area minimum
1.2 hectares (2.994 acres)
7.5.11 Special Marginal Agricultural 11 (MA-11) By-law 2011-51
Part of Lot 17 and 18, Concession 3
Zone Regulations
a) For All Principal Buildings or Uses:
i) Lot Frontage (minimum) - A broken frontage of 56.69 metres (186
feet) plus 6.09 metres (20 feet) as illustrated on RP 39R-12521.
7.5.12 Special Marginal Agricultural 12 (MA-12) Not used
7.5.13 Special Marginal Agricultural 13 (MA-13) By-law 2013-27
Part of the South Half of Lot 7, Concession A,
Part 1 on RP 39R-12875
7.5.13.1 Zone Regulations
a) For the Principal Building:
i.
Lot Area (minimum) - 4.03 hectares (9.9 acres)
ii.
Lot Frontage (minimum) - 201.78 metres (662 feet)
iii.
Side Yard - from south lot line to any residential building or use
(minimum) - 125.28 metres (411.02 feet)
7.5.14 Special Marginal Agricultural 14 (MA-14) By-law 2013-28
Part of Lot 8, Concession 3,
Part 2 on RP 39R-466
7.5.14.1 Zone Regulations
a) For the Principal Building:
i.
Lot Frontage (minimum) - 20.11 metres (66 feet) on Race Track
Road plus (minimum) 401.42 metres (1317 feet) in broken frontage
on Harwood Road/County Road 15
7.5.15 Special Marginal Agricultural 15 (MA-15) By-law 2013-54
Part Lot 27, Concession 4,
Part of Part 1 on RP 39R-2464
7.5.15.1 Zone Regulations
a) For the Principal Building:
i.
Lot Frontage (minimum) - 30 metres (100 feet) on Bickle Hill Road
Zoning By-law 2001-58
84
7.5.16 Special Marginal Agricultural 16 (MA-16) By-law 2014-09
Part Lot 21 and 22, Concession 2
Part 1 on RP 39R-12974 and Part 1 on RP 39R-3449
7.5.16.1 Permitted Used
a) Permitted Uses
The following shall be the only permitted uses in the MA-16 zone:
i.
Farm equipment storage buildings;
ii.
Conservation uses, including forestry, reforestation and other
activities connected with the conservation of soil or wildlife;
iii.
Open space;
iv.
A principal single detached dwelling;
v.
A bed and breakfast establishment;
vi.
An accessory building or use to the above uses;
vii.
One accessory dwelling within a principal single detached dwelling
subject to approval of (HKPRDHU) Health Unit (or it's successors);
viii.
A Type 'A' and Type 'B' home occupation, in accordance with the
provisions of Section 5.21 of this By-law; and/or
ix.
A Type 'A' home industry, in accordance with the provisions of
Section 5.20 of this By-law.
b) Prohibited Uses
The following uses shall be prohibited in the MA-16 zone:
i.
Breeding, raising, training or boarding of livestock and fowl.
7.5.16.2 Zone Regulations
a) Lot Frontage (minimum) - 94.56 metres (310.23 feet) on Danforth Road
West;
b) Lot Area (minimum) - 1.37 hectares (3.39 acres) and
c) Front Setback - dwelling as existing on date of passage of this By-law.
7.5.17 Special Marginal Agricultural 17 (MA-17) By-law 2014-10
Part Lot 27 and 28, Concession 3
Part 1 on RP 39R-12911
7.5.17.1 Zone Regulations
a) For the Principal Building:
i.
Lot Frontage 40.29 metres (132.18 feet) minimum on Theatre Road.
7.5.18 Special Marginal Agricultural 18 (MA-18) By-law 2014-17
Part Lot 14, Concession 4,
South side of Ball Road
Zoning By-law 2001-58
85
7.5.18.1 Zone Regulations
a) For the existing detached accessory building:
i.
Front Setback (minimum) - 6.16 metres (20.24 feet)
7.5.19 Special Marginal Agricultural 19 (MA-19) By-law 2014-18
Part of Lot 26, Concession 5
7.5.19.1 Zone Regulations
a) For Single Detached Dwellings:
i.
All residential uses shall be a minimum of 221.50 metres (727 feet)
from the existing animal barn on the west side of Whitney Howard
Road, in accordance with Minimum Distance Separation
requirements, as of the date of the adoption of this By-law.
7.5.20 Special Marginal Agricultural 20 (MA-20) By-law 2014-46
Part of Lot 5, Concession 4
Part 1 on RP 39R-13063 and Part 13 on RP 39R-252
7.5.20.1 Zone Regulations
a) Lot Frontage - Broken frontage minimums 6.81 metres (22.34 feet) and
41.28 metres (135.46 feet).
7.5.21 Special Marginal Agricultural 21 (MA-21) By-law 2014-46
Part of Lot 5, Concession 4
Part 2 on RP 39R-13063 and Part 7 on RP 39R-252
7.5.21.1 Zone Regulations
a) Lot Frontage - 30.38 metres (100 feet) minimum; and
b) Accessory Buildings - Side setback as existing on the date of the passage
of this By-law.
7.5.21 Special Marginal Agricultural 22 (MA-22) By-law 2014-48
Part Lot 22, Concession 5,
Parts 1 through 10 on RP 39R-12942
7.5.22.1 Zone Regulations
a) For Single Detached Dwellings:
i.
All residential uses shall be a minimum of 203.61metres (668 feet)
from the existing animal barn on the west side of Mulder Road, in
accordance with Minimum Distance Separation requirements, as of
the date of the adoption of this By-law.
7.5.22 Special Marginal Agricultural 23 (MA-23) By-law 2015-13
Part Lot 2 and 3, Concession 9, And part of former road allowance
Part 1 on RP 39R-1231 and Part of Part 1 and Parts 9, 13, and 14 on RP 39R-
1412
7.5.23 Zone Provisions
a) The minimum lot frontage on the municipally maintained Young Street
shall be 4.5 metres (14.89 feet), as per Part 1 on RP 39R-1231
Zoning By-law 2001-58
86
b) The minimum side setback for the existing barn shall be 2.37 metres (7.7
feet).
7.5.24 Special Marginal Agricultural 24 (MA-24) By-law 2015-62
Part of Lot 17 and 18 Concession 9
7.5.24.1 Zone Regulations
a) For All Uses
i.
Lot Frontage (minimum) Glen Lynden Road: 45.10 metres (148 feet);
ii.
Lot Frontage (minimum) Harris Boatworks Road: 9.14 metres (30
feet)
7.5.24 A Special Marginal Agricultural 24A (MA-24A) By-law 2017-25
Part of Lot 3, Concession 1
7.5.24 Zone Provisions
a) Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
i.
The use of the existing farm buildings shall be restricted from any
farm animal housing or manure storage areas as per the Minimum
Distance Separation requirements;
ii.
Any future farm animal housing or manure storage area shall be
permitted on the property subject to compliance with Minimum
Distance Separation II calculations for the new structure/use.
7.5.27 Special Marginal Agricultural 27 (MA-27) By-law 2017-47
Part of Lot 19 in Concession 1, Hamilton Township
Part of Part 1 on RP 39R-13697
7.5.27 Zone Provisions
a) Minimum lot frontage shall be recognized as broken frontage on Ontario
Street with
i.
20 metres (66 feet) at the south boundary;
ii.
20 metres (66 feet) directly across from Oliver's Lane; and
iii.
294 metres (965 feet) north of the property identified below.
7.5.28 Special Marginal Agricultural 28-ORM (MA-28-ORM) By-law 2017-50
4249 Burnham Street North
Part Lot 15, Con 6
Parts 3, 4 and 5 on RP 39R-3420
7.5.28 Zone Provisions
a) Minimum lot frontage shall be recognized as broken frontage on Burnham
Street North (County Road 18) with
i.
51.51 metres (169 feet) at the south boundary; and
ii.
94.48 metres (310 feet) at the north boundary.
Zoning By-law 2001-58
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7.5.29 Special Marginal Agricultural 29 (MA-29) By-law 2018-09
Part of Lot 15 in Concession 2, Hamilton Township
Part 1 on RP 39R-13681
7.5.29.1 Permitted Uses
The following shall be the only permitted uses in this zone
a) Principal Buildings and Uses
i.
A principal single detached dwelling;
ii.
Agricultural and farm uses, including a livestock facility;
iii.
Conservation uses including forestry, reforestation and other
activities connected with the conservation of soil or wildlife;
iv.
Open space uses;
v.
Passive outdoor recreational uses; and/or
vi.
Woodlots.
b) Accessory Buildings and Uses
i.
A bed and breakfast establishment;
ii.
A type "A" or a type "B" home occupation in accordance with the
provisions of Section 5.21;
iii.
An accessory building to the above principal uses; and/or
iv.
One accessory dwelling unit within a principal single detached
dwelling subject to approval for additional private sanitary septic
system.
7.5.29.2 Zone Provisions
a) Minimum Lot Area: 5 hectares (12.3 acres);
b) Minimum Lot Frontage: 22.86 metres (75 feet);
c) All buildings, structures, grading, clearing, excavation, fill and construction
shall be within the defined building envelope only;
d) Maximum area of defined building envelope to encompass the maximum
footprint for a house, accessory building and private well and septic
system: 0.10 hectares (0.25 acres); and
e) Location of building envelope, as illustrated on Schedule B attached
hereto and forming part of this By-law:
i.
From north lot line: 16.8 metres (55.11 feet);
ii.
From east lot line: 12 metres (39.87 feet);
iii.
From south lot line: 53.5 metres (175.52 feet); and
iv.
From west lot line: 272.2 metres (893.04 feet).
Zoning By-law 2001-58
88
7.5.30 Special Marginal Agricultural 30 (MA-30) By-law 2018-09
Part of Lot 15 in Concession 2, Hamilton Township
Part 1 on RP 39R-514 and Parts 1 and 2 on RP 39R-980,
save and except Part 1 on RP 39R-1804, Part 1 on RP 39R-11433,
Part 1 on RP 39R-12737 and Part 1 on RP 39R-13681
7.5.30.1 Permitted Uses
The following shall be the only permitted uses in this zone
a) Principal Buildings and Uses
i.
A principal single detached dwelling;
ii.
Agricultural and farm uses, including a livestock facility;
iii.
Conservation uses including forestry, reforestation and other
activities connected with the conservation of soil or wildlife;
iv.
Open space uses;
v.
Passive outdoor recreational uses; and/or
vi.
Woodlots.
b) Accessory Buildings and Uses
i.
A bed and breakfast establishment;
ii.
A type "A" or a type "B" home occupation in accordance with the
provisions of Section 5.21;
iii.
An accessory building to the above principal uses; and/or
iv.
One accessory dwelling unit within a principal single detached
dwelling subject to approval for additional private sanitary septic
system.
7.5.30.2 Zone Provisions
a) Minimum Lot Area: 10.5 hectares (25.9 acres);
b) Minimum Lot Frontage: 22.86 metres (75 feet) at the northern boundary
with an additional 36.98 metres (121.32 feet) of broken frontage at the
southern boundary;
c) All buildings, structures, grading, clearing, excavation, fill and construction
shall be within the defined building envelope only;
d) Maximum area of defined building envelope to encompass the maximum
footprint for a house, accessory building and private well and septic
system: 0.10 hectares (0.25 acres); and
e) Location of building envelope, as illustrated on Schedule B attached
hereto and forming part of this By-law:
i.
From north lot line: 98.4 metres (322.83 feet);
ii.
From east lot line: 20 metres (65.61 feet);
iii.
From south lot line: 8.3 metres (27.23 feet); and
Zoning By-law 2001-58
89
iv.
From west lot line: 240.0 metres (787.40 feet).
7.5.31 Special Marginal Agricultural 31 (MA-31) By-law 2018-26
Part of Lot 2 in Concession 1, Hamilton Township
Part 1 on RP 39R-13701
7.5.31.1 Zone Provisions
a) Minimum Lot Frontage (broken)
i.
18.29 metres (60 feet) at northern boundary; and
ii.
23.85 metres (78.24 feet) at the southern boundary.
7.5.32 Special Marginal Agricultural 32 (MA-32) By-law 2018-26
Part of Lot 2 in Concession 1, Hamilton Township
Being Part 1 and 2 on RP 39R-3093
save and except Part 1 on RP 39R-3681 and Parts 1, 2 and 3 on RP 39R-
13701
That Section 7.5.32 be added to the by-law to regulate the use of the land with
respect to the following provisions:
7.5.32.1 Zone Provisions
a) Minimum Lot Frontage: 58.24 metres (191.07 feet).
7.5.33 Special Marginal Agricultural 33 (MA-33) By-law 2018-34
Part of Lot 2 in Concession 2, Hamilton Township
Part of Part 1 on RP 39R- 1442
7.5.33.1 Zone Provisions
a) The property enjoys broken frontages along Payn Road with the minimum
frontage of 45.72 m (150 ft) south of the severed parcels noted herein.
7.5.34 Special Marginal Agricultural 34 (MA-34) By-law 2018-54
Part of Lot 5 and 6 in Concession 2, Hamilton Township
Part of Part 5 on RP 39R-3006 and Part of Part 3 on RP 39R-3430
7.5.34 Zone Provisions
a) Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
i.
Minimum lot frontage on Hutsell Road 23.29 metres (76.43 feet)
ii.
Minimum lot frontage on Community Centre Road 24.47 metres
(80.28 feet)
7.5.35 Special Marginal Agricultural 35 (MA-35) By-law 2018-55
Part Lot 14, Con 5
Now including Parts 4, 6 and 9 on RP 39R-13821
7.5.35 Zone Provisions
a) Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
Zoning By-law 2001-58
90
i.
Minimum lot frontage: 14.94 metres (49.01 feet) on Timlin Road
ii.
Minimum side setback: 9.85 metres (32.31 feet) of existing stucco
building.
7.5.36 Special Marginal Agricultural 36 (MA-36) By-law 2019-02
9525 Community Centre Road, Baltimore
Part Lot 5, Con 2
Part 1 on RP 39R-10528,
Save and Except Parts 1 and 1 on RP 39R-13826
Zone Provisions
a) Lot Frontage
20.18 metres (66.20 feet) Community Centre Road
minimum.
7.5.37 Special Marginal Agricultural 37 (MA-37) By-law 2019-58
Part of Lot 26, Concession 5
7.5.37.1 Use
Notwithstanding any other use to the contrary, a secondary dwelling unit,
detached from the existing principal single dwelling unit on the lot, shall be
permitted.
7.5.37.2 Provisions for Secondary Dwelling Unit Building/Use
a) Setback from existing farming use on neighbouring lots: As existing on the
date of the passage of this by-law;
b) Dwelling unit area: 111.48 square metres (1200 square feet) maximum.
7.5.38 Special Marginal Agricultural 38 (MA-38) By-law 2019-63
Part of Lot 7, Con 3
Part of Part 1 on RP 39R-233
Zone Provisions
7.5.38.1 The minimum lot frontage shall be recognized as 20 m (65.6 ft) along County
Road 15/Harwood Road.
7.5.39 Special Marginal Agricultural 39 (MA-39) By-law 2020-07
Part of Lot 7, Con 1
Part 4 on RP 39R-14068
7.5.39.1 Zone Provisions
Notwithstanding the permitted uses in the Marginal Agricultural (MA) zone, the
following special provisions shall apply:
a) A Development Agreement shall be entered with the Township of
Hamilton and registered on title of the lands prior to the stamping of the
deeds for consents noted above. The Development Agreement shall
address criteria identified in the October 9, 2019 comments received from
the Ganaraska Region Conservation Authority in respect of the
Environmental Impact Study completed by Niblett Environmental
Associates Ltd. in August 2019.
7.5.40 Special Marginal Agricultural 40 (MA-40) By-law 2020-64
Part of Lot 19, Concession 5
Zoning By-law 2001-58
91
7.5.40.1 Zone Provisions
a) Side setbacks - accessory building minimum
9.89 metres (32.44 feet)
for the existing wood shed.
7.5.41 Special Marginal Agricultural 41 (MA-41) By-law 2021-05
2505 Hircock Road, Baltimore
Part of Lot 9, Con 2
Including Part 4 on RP 39R-6061,
Save and except Parts 1 on RP 39R-3050, Parts 1-4 on RP 39R-12346 and
Part 1 on RP 39R-14193
7.5.41.1 Zone Provisions
a) Principal building front setback: 12.00 metres (39.37 feet);
b) Principal building exterior side setback: 17.03 metres (55.87 feet).
7.5.42 Special Marginal Agricultural 42 (MA-42) By-law 2021-25
Part of Lot 18, Con 3
Part 2, on RP 39R-14269
7.5.42.1 Zone Provisions
a) Rear setback of detached frame shed: 6.72 metres (22.04 feet) as existing
on the date of this By-law.
7.5.43 Special Marginal Agricultural 43 (MA-43) By-law 2021-44
Part of Lot 21, Con 4
7.5.43.1 Zone Provisions
a) Lot Frontage: 42.71 metres (140.12 feet) minimum.
7.5.44 Special Marginal Agricultural 44 (MA-44) By-law 2021-43
9448 Stevenson Road, Harwood
Part of Lot 6, Con 9
Being Part 2 on RP 39R-202
Save and except Parts 1 and 2 on RP 39R-14343
7.5.44.1 Zone Provisions
a) Lot Frontage: Sully Road 25.66 metres (84.18 feet) minimum.
7.5.45 Special Marginal Agricultural 45 (MA-45) By-law 2024-29
Part of Lot 16, Concession 8
39R14747 Part 1
Notwithstanding Section 7.3.1 b) and 7.3.3 c) to the contrary, on lands zoned
Special Marginal Agriculture 45 (MA-45) the following zone provisions shall
apply:
a) Lot Frontage minimum
20 metres
b) Setbacks for the two accessory buildings shall be as they existed on the
date of passage of this by-law.
7.5.46 Special Marginal Agricultural 46 (MA-46) By-law 2024-29
Part of Lot 16, Concession 8
Zoning By-law 2001-58
92
39R14747 Parts 2, 3, 4, 5 and 6
Notwithstanding Section 7.3.1 b) and 7.3.3 c) to the contrary, on lands zoned
Special Marginal Agriculture 46 (MA-46) the following zone provisions shall
apply:
a) Lot Frontage minimum
20 metres
Zoning By-law 2001-58
93
Section 8 - Estate Residential (ER)
8.1
Preamble
Within an Estate Residential Zone (ER), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than a
permitted use in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
8.2
Permitted Uses
8.2.1. Permitted Principal Uses
a) A public park;
b) A principal single detached dwelling;
c) A riding club; and/or
d) Open space uses.
8.2.2. Permitted Accessory Uses
a) A type "A" home occupation in accordance with the provisions of Section
5.21;
b) An accessory building to the above principal uses;
c) Additional residential unit(s) subject to the provisions of Section 5.2;
and/or
d) Shipping containers, only when incorporated into a design where a
building permit has been issued.
8.3 Zone Regulations
8.3.1. For the property
a) Lot Area: 6000 square metres (64,585.6 square feet) minimum;
b) Lot Frontage: 50 metres (164.0 feet) minimum;
c) Lot Coverage (all buildings): 15% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.35.
8.3.2. For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 15 metres (49.2 feet) minimum;
c) Interior Side Setback: 6 metres (19.7 feet) minimum;
d) Exterior Side Setback: 15 metres (49.2 feet) minimum;
e) Gross Floor Area of Dwelling: 150 square metres (1614.6 square feet)
minimum; and
f) Building Height: 11 metres (36.1 feet) maximum.
Zoning By-law 2001-58
94
8.3.3. For Accessory Building
a) Rear Setback: 3 metres (9.8 feet) minimum;
b) Interior Setback: 3 metres (9.8 feet) minimum;
c) Exterior Side Setback: 15 metres (49.2 feet) minimum; and
d) Building Height: 4.5 metres (14.8 feet) maximum.
8.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building structure or use within the Estate Residential
(ER) Zone.
8.5
Special Estate Residential (ER) Zones
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
8.5.1
Special Estate Residential-1 (ER-1) By-law 2005-22
1) Lot frontage
14.15 metres (46.42 ft.)
2) Interior side yard abutting rear of lot 33, Plan 462
-34.26 metres
(112.4 ft.)
8.5.2
Special Estate Residential-2 (ER-2) By-law 2005-22
1) Lot frontage
34.26 metres (112.4 ft.)
Zoning By-law 2001-58
95
Section 9 - Rural Residential (RR)
9.1
Preamble
Within a Rural Residential Zone (RR), no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than a
permitted use in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
9.2
Permitted Uses
9.2.1. Permitted Principal Uses
a) A principal single detached dwelling.
9.2.2. Permitted Accessory Uses
a) A bed and breakfast establishment;
b) A type "A" home occupation in accordance with the provisions of Section
5.21;
c) A type "A" home industry in accordance with the provisions of Section
5.20;
d) Additional residential unit(s) subject to the provisions of 5.2; and/or
e) Shipping containers, only when incorporated into a design where a
building permit has been issued.
9.3 Zone Regulations
9.3.1. For the property
a) Lot Area: 4050 square metres (43,593.8 square feet) minimum;
b) Lot Frontage: 45.76 metres (150.0 feet) minimum;
c) Lot Coverage (all buildings): 20% maximum; and/or
d) Off-street parking shall be provided in accordance with Section 5.35
9.3.2. For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 20 metres (65.6 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum;
e) Gross Floor Area of Dwelling: 89 square metres (958.0 square feet)
minimum;
f) Gross Floor Area (where there is more than one storey) 44.5 square
metres (479.2 square feet) minimum; and
g) Building Height: 11 meters (36.1 feet) maximum.
9.3.3. For Accessory Building
Zoning By-law 2001-58
96
a) Rear Setback: 3 metres (9.8 feet) minimum;
b) Interior Setback: 3 metres (9.8 feet) minimum;
c) Exterior Side Setback: 20 metres (65.6 feet) minimum;
d) Lot Coverage: 5% maximum; and
e) Building Height: 4.5 metres (14.8 feet) maximum.
9.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building structure or use within the Rural Residential
(RR) Zone.
9.5
Special Rural Residential (RR) Zones
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
9.5.1
Special Rural Residential 1 (RR-1)
Part Lot 34, Concession 3
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-1 the following special provisions shall apply:
a) Residential - a garden suite, as described in Section 5.15 of this By-law,
shall be permitted in addition to other permitted uses in the Rural
Residential zone.
9.5.2
Special Rural Residential 2 (RR-2)
Part Lot 27, Concession 5
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-2 the following special provisions shall apply:
a) Non-Residential - a sawmill shall be permitted.
9.5.3
Special Rural Residential 3 (RR-3)
Part Lot 22, Concession 2
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-3 the following special provisions shall apply:
a) Non-Residential - no livestock shall be kept within any existing structures.
9.5.4
Special Rural Residential 4 (RR-4)
Part Lot 32, Concession 3
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-4 the following special provisions shall apply:
a) Residential - not more than 6 dwelling units shall be permitted.
9.5.5
Special Rural Residential 5 (RR-5)
Part Lot 8, Concession A
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-5 the following special provisions shall apply:
Zoning By-law 2001-58
97
a) Residential -duplex and semi-detached dwelling shall each be permitted.
9.5.6
Special Rural Residential 6 (RR-6)
Part Lot 27, Concession 5
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-6 the following special provisions shall apply:
A haunted barn tourist attraction shall be permitted within an existing accessory
structure. For purposes of this By-law, a "haunted barn tourist attraction" shall
mean a building or structure that has been designed as a walk through haunted
barn tourist attraction wherein, for profit or gain, such facility shall be open to
the public during the month of October and the first week of November each
year.
9.5.7
Special Rural Residential 7 (RR-7)
Part Lot 3, Concession A
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-7 the following special provisions shall apply:
a) Residential -a duplex dwelling house, a semi-detached dwelling house for
purposes of this RR-7 Zone, hereof a semi-detached dwelling house shall
mean one of a pair of attached single family dwelling houses divided
vertically by a common wall above finished grade into 2 separate dwelling
units, each of which has an independent entrance either directly from
outside the building or through a common vestibule.
b) Non-Residential - a Type 'A' or Type 'B' home occupation in accordance
with Section 5.21.
9.5.8
Special Rural Residential 8 (RR-8)
Notwithstanding any provisions of this By-law to the contrary, no person shall,
on any lands, designated use, any building or structure except in accordance
with all other relevant provisions of this By-law plus the following RR-8 special
provisions.
a) Lot Area: 850 square metres (9,150 square feet) minimum;
b) Lot Frontage: 15 metres (50 feet) minimum;
c) Lot Coverage: 33% maximum;
d) Front Setback: 10.5 metres (35 feet) minimum;
e) Interior Side Setback:
i.
For the side that is not attached to other units: 3 metres (9.8 feet)
minimum.
ii.
Where a garage or carport is attached to or within the main building:
1.2 metres (3.9 feet) plus 1.6 metres (2 feet) for each additional or
partial storey above the first minimum.
f) Rear Setback: 9 metres (29.5 feet) minimum; and
g) Building Height: 9.2 metres (20.2 feet) maximum.
9.5.9
Special Rural Residential 9 (RR-9) By-law 2003-28, 2003-34 and 2007-17
Zoning By-law 2001-58
98
Part Lot 31, Concession 9
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-9 the following special provisions shall apply:
a) Lot area (minimum) - 0.07 hectares (0.17 acres); and
b) Lot frontage (minimum) - 15.2 metres (50 feet)
9.5.10 Special Rural Residential 10 (RR-10) By-law 2004-35
Part Lot 31, Concession 9
a) Lot area (minimum) - 0.14 hectares (0.34 acres); and
b) Lot frontage - 30.5 metres minimum (100 feet)
9.5.11 Not Used
9.5.12 Special Rural Residential 12 (RR-12) By-law 2005-23
Part Lot 15/16, Concession 1
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
RR-12 and shown on Schedule "A" attached, the following special provision
shall apply:
a) Front yard setback (minimum) - 76.2 metres (250 feet)
9.5.13 Special Rural Residential 13 (RR-13) By-law 2005-73
Part Lot 18 Concession 2
In addition to those uses permitted within the Rural Residential Zone (RR) the
following special provision shall apply within the RR-13 Zone:
That the construction of buildings or structures of any kind, the placement or
removal of fill, or the removal of vegetation be prohibited on all lands located
within 15 metres (49 feet) of the top of bank as defined by the GRCA.
9.5.14 Special Rural Residential 14 (RR-14) By-law 2006-30
Part of Lot 28 and 29, Concession 8
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RR-14 the following special provisions shall apply.
No person shall construct any buildings or structures, place or remove fill or
remove vegetation on all lands within 80 metres of the rear lot line.
9.5.14A Special Rural Residential 14A (RR-14A) By-law 2010-29
Part of Lot 29, Con 2
Zone Regulations
a) For All Buildings or Uses:
i. Lot area (minimum)
2420 m2 (0.598 acres)
ii. Lot frontage (minimum)
42.67 metres (140 feet)
9.5.15 Special Rural Residential 15 (RR-15) By-law 2012-03
Part of Lot 35, Concession 6
Part 1 on RP 39R-12565
Zoning By-law 2001-58
99
9.5.15.1 Zone Regulations
a) For All Principal Buildings or Uses
i.
Minimum setback from centerline of Donaldson Road (7th Line) to
existing residential building
12.8 metres (42 feet)
9.5.16 Special Rural Residential 16 (RR-16) By-law 2012-59
Part of Lot 15, Concession 2
Part of Part 1 on RP 39R-1804 and Part 1 on RP 39R-12737,
9.5.16.1 Zone Regulations
a) For All Principal Buildings or Uses
i.
Minimum Lot frontage - 37.08 metres (121.65 feet)
9.5.17 Special Rural Residential 17 (RR-17) By-law 2013-13
Part of Lot 14, Concession 3
Part of Part 1 on RP 39R-9596,
now more particularly described as Part 1 on RP 39R 12794
9.5.17.1 Zone Regulations
a) For All Principal Buildings or Uses
i.
Minimum Lot frontage - 44.44 metres (145.8 feet)
9.5.18 Special Rural Residential 18 (RR-18) By-law 2013-23
Lot 27, Concession 5
Part 1 on RP 39R-12778
9.5.18.1 Zone Regulations
a) Principal Building
i. Front Setback (minimum) for the existing house - 7.24 metres (23.75
feet)
b) Detached Accessory Building
i. Gross Floor Area (maximum) of existing garage - 89.18 square
metres (960 square feet)
9.5.19 Special Rural Residential 19 (RR-19) By-law 2014-07
Part Lot 34, Concession 2
Part 1 on RP 39R-12992
9.5.19.1 Zone Regulations
a) Single Detached Dwellings
i. Front setback (minimum) - 14.5 metres (47.57 feet) on Don Lang
Road
ii. Exterior Side setback (minimum) - 15.7 metres (51.50 feet) on
Telephone Road
Zoning By-law 2001-58
100
9.5.20 Special Rural Residential 20 (RR-20) By-law 2014-42
Part of Lot 8, Concession 3
9.5.20.1 Zone Regulations
a) Single Detached Dwellings
i. Lot Area (Minimum) - 2893.5 square metres (0.715 acre)
ii. Front Yard (Minimum) - 6.59 metres (21.65 feet)
b) For existing Accessory Buildings Not Attached to The Principal Building
i. Interior Side Yard (Minimum) - 1.82 metres (6.0 feet)
9.5.21 Special Rural Residential 21 (RR-21) By-law 2014-54
Part Lot 26, Concession 7
Part 1 on RP 39R-13088
9.5.21.1 Zone Regulations
a) For Single Detached Dwellings
i. Lot Frontage (min) 22.86 metres (75 feet)
ii. The existing detached accessory building may continue to sit proud
of the existing Single Detached Dwelling.
9.5.22 Special Rural Residential 22 (RR-22) By-law 2015-42
Part Lot 17, Concession 1
Parts 4, 5 and 6 on RP 39R-10739
9.5.22.1 Zone Provisions
a) Minimum lot area: 2295.4 square metres (24,707.5 square feet);
b) Minimum front setback for principal building: As on date of passage of this
by-law
c) Minimum east side setback for existing detached accessory building: As
on date of passage of this by-law
d) Maximum lot coverage for all buildings: 21%
9.5.22.2 Accessory Structure Provisions
The construction of one (1) additional detached accessory building shall be
permitted with the following special provisions
a) Minimum east side setback: 2.55 metres (8.36 feet);
b) Maximum building height: 7.3 metres (23.95 feet);
c) Minimum setback from Top-of-Bank: 4.57 metres (15 feet);
d) Maximum lot coverage for detached accessory buildings: 8.1%: and
e) Maximum gross floor area of detached accessory building: 85.7% of the
gross floor area of the principal building or 167.2 square metres (1800
square feet), whichever is lesser.
Zoning By-law 2001-58
101
9.5.23 Special Rural Residential 23 (RR-23) By-law 2015-49
Part Lot 17, Concession 5
Part 6 on RP 39R-13233
9.5.23 Special Zone Provisions in the RR-23 Zone
a) Minimum lot frontage: 31.699 metres (103.96 feet);
b) Minimum front setback for principal building: 8.76 metres (28.74 feet);
c) Minimum side setback for detached garage: 1.34 metres (4.39 feet);
d) Minimum side setback for detached shed: 0.39 metres (1.27 feet);
e) Minimum side setback for detached wood shed: 1.35 metres (4.42 feet);
f) Maximum gross floor area of detached garage: 98.14 square metres
(1056.37 square feet).
9.5.24 Special Rural Residential 24 (RR-24) By-law 2015-62
Part Lot 17, Concession 9
9.5.24.1 Zone Regulations
a) For All Uses
i.
Lot Frontage (Minimum) on Harris Boatworks Road: 8.83 metres (29
feet) minimum.
9.5.25 Special Rural Residential 25 (RR-25) By-law 2017-04
Part of Lot 19 in Concession 7, Hamilton Township
Parts 1 through 4 (inclusive) on RP 39R-13461
a) The minimum front setback to the existing house shall be 10.82 metres
b) The maximum lot coverage of all detached accessory buildings shall be
9.9%; and
c) The maximum size of the two existing detached accessory buildings shall
not exceed 148.14% of the house.
9.5.26 Special Rural Residential 26 (RR-26) By-law 2017-11
Part Lot 2, Concession 4, Hamilton Township
Part 2 on RP 39R-13593
Zone Provisions
9.5.26.1 The use of the detached accessory buildings may be for the storage of
personal vehicles and household items only. The use of the accessory
buildings as a farm building, a vehicle repair/service facility for commercial
purposes, or other industrial-type uses is strictly prohibited.
9.5.26.2 Maximum height of the existing detached accessory 2 storey barn
7.92 metres (26 feet).
9.5.26.3 Maximum area of the existing detached accessory 2 storey barn
158.56 square metres (1706.82 square feet).
9.5.26.4 The existing detached accessory 2 storey barn is recognized as being located
proud of the front line of the principal dwelling.
Zoning By-law 2001-58
102
9.5.26.5 The existing private pool is recognized as being located proud of the front line
of the principal dwelling.
9.5.27 Special Rural Residential 27 (RR-27) By-law 2017-39
Part of Lot 23 in Concession 4
Parts 1 on RP 39R-13592
Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum Exterior Side Setback for existing house 15.55 metres (51 feet);
b) Maximum Gross Floor Area of existing metal shed 102.75 square metres
(1106 square feet); and
c) The existing detached accessory buildings shall no longer be used for the
housing of livestock.
9.5.28 Special Rural Residential 28-ORM (RR-28-ORM) By-law 2017-46
Part of Lot 11 in Concession 6, Hamilton Township
Parts 1, 2 and 3 on RP 39R-13610
1. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to the buildings and structures existing on this parcel
on the date of the passage of this by-law:
a) The front setback of the house from Eagleson Road: 9.67 metres (31.72
feet) minimum;
b) The projection of the front deck into the required: 2.07 metres (6.79 feet)
maximum;
c) The location of the detached accessory building/frame garage: In front of
the exterior side line of the principal building;
d) The exterior side setback of the detached accessory building/garage:
19.71 metres (64.66 feet) minimum;
e) The location of the detached accessory buildings/silos: In front of the
exterior side line of the principal building;
f) The exterior side setback of the silos: 10.2 metres (33.46 feet) minimum;
g) The total lot coverage of all detached accessory buildings and structures:
6.16% (764.65 square metres/8230.62 square feet) maximum;
h) The height of the detached accessory building and structures: Shall not
exceed the height as on the date of the passage of this by-law;
i) The gross floor area of the following detached accessory buildings and
structures as they relate to the gross floor area of the principal building
(house);
i. Frame building (at rear of lot): 150.67 square metres (1621.79
square feet) maximum;
ii. Concrete pad: 357.25 square metres (3845.4 square feet) maximum;
and
Zoning By-law 2001-58
103
iii. Detached garage: 112.24 square metres (1208.14 square feet)
maximum.
9.5.29 Special Rural Residential 29 (RR-29) By-law 2018-10
Part of Lot 19 in Concession 5, Hamilton Township
Part 1 on RP 39R-13680
9.5.29.1 Zone Provisions
a) Minimum Lot Area as development of the lot shall occur via connection to
the municipal water services: 0.3 hectares (0.75 acres).
9.5.30 Special Rural Residential 30 (RR-30) By-law 2018-34
Part of Lot 2 in Concession 2, Hamilton Township
Part 2 on RP 39R-13695
9.5.30.1 Zone Provisions
a) The existing 124.05 square metres (1335 square feet) detached
accessory building is hereby recognized prior to the construction of the
required principal building.
b) The remaining provisions of Section 9.3 shall remain in force and effect in
respect of the RR-30 zone.
9.5.31 Special Rural Residential 31 (RR-31) By-law 2018-38
Part of Lot 3 in Concession B, Hamilton Township
Part 1 on RP 39R-13758
9.5.31.1 Zone Provisions
a) Minimum lot area: 3843.6 square metres (0.94 acres).
b) Minimum rear setback: 9.14 metres (30 feet) for the proposed principal
building.
9.5.32 Special Rural Residential - 32 (RR-32) By-law 2018-38
Part of Lot 3 in Concession B, Hamilton Township
Part 2 on RP 39R-13758
9.5.32.1 Zone Provisions
a) Minimum rear setback: 10.3 metres (33.79 feet) for the existing principal
building.
b) Minimum side setback:1.49 metres (4.88 feet) for the existing detached
accessory building.
9.5.33 Special Rural Residential 33-ORM (RR-33-ORM) By-law 2018-60
Part Lot 18, Con 7
Part 1 on RP 39R-13829
9.5.33.1 Zone Provisions
Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Side setback:1.65 metres (5.41 feet) existing detached accessory building.
9.5.34 Special Rural Residential 34 (RR-34) By-law 2019-27
Zoning By-law 2001-58
104
Part of Lot 8, Con A
Parts 1, 2 and 3 on RP 39R-13895
9.5.34 Zone Provisions
9.5.34.1 Prohibited Uses
Notwithstanding any other use to the contrary, the permitted principal uses on
this property shall include the existing single detached dwelling together with
the existing two (2) accessory dwelling units within.
9.5.34.2 Provisions for the Property
a) Lot area: 1188 square metre (0.29 acres) minimum
b) Lot frontage: 18.9 metres (62.0 feet) minimum
c) Total lot coverage (all buildings): 25.08% maximum
9.5.34.3 Provisions for Principal Building/Use
a) Front setback: 7.63 metres (25.03 feet) minimum
b) Dwelling unit area:
i. Principal unit: 76 square metres (818.06 square feet) minimum
ii. 1st accessory unit: 57.5 square metres (618.93 square feet)
minimum
iii. 2nd accessory unit: 61.5 square metres (661.98 square feet)
minimum
9.5.34.4 Provisions for Detached Accessory Buildings
a) Rear setback: 1.32 metres (4.33 feet) minimum
b) Side setback 1.72 metres (5.64 feet) minimum
c) Lot coverage detached accessory building: 8.67% maximum
d) The existing detached accessory building is recognized as being 52.82%
of the size of the Principal Building
9.5.35 Special Rural Residential 35 (RR-35) By-law 2019-27
Pt Lot 8, Con A
Parts 4 and 5 on RP 39R-13895
9.5.35 Zone Provisions
9.5.35.1 Provisions for the Property
a) Lot area: 957 square metres (0.24 acres) minimum
b) Lot frontage: 15.24 metres (50.0 feet) minimum
9.5.35.2 Provisions for the Principal Building/Use
a) Front setback: 10.94 metres (35.98 feet) minimum
Zoning By-law 2001-58
105
b) Side setback: 0.05 metres (0.16 feet) minimum
9.5.36 Special Rural Residential 36 (RR-36) NOT USED
9.5.37 Special Rural Residential 37 (RR-37) By-law 2019-64
Part of Lot 26, Con 1
Part 1 and 2 on RP 39R-14000
9.5.37.1 The use of the existing 2-storey frame barn shall be permitted.
9.5.37.2 The minimum lot area shall be 2870 square metres (0.709 acres).
9.5.37.3 The minimum front setback to the existing building shall be 11.07 metres
(36.31 feet).
9.5.37.4 The maximum lot coverage of the existing detached accessory structure shall
be 8.10%.
9.5.38 Special Rural Residential 38 (RR-38) By-law 2019-75
Part of Lot 30, Con 10
And part of the road allowance between Lots 30 and 31
Parts 1 and 3 on RP 39R-13969 and Part 1 on RP 39R-13555
9.5.38 Zone Provisions
9.5.38.1 The minimum lot area shall be 3896.06 square metres (41,936.85 square feet)
9.5.38.2 The minimum lot frontage shall be 23.87 metres (87.31 feet).
9.5.38.3 The minimum front setback to the existing residential building shall be 0.9
metres (2.95 feet)
9.5.38.4 The exterior side setback to the existing residential building shall be
6.2 metres (20.34 feet)
9.5.38.5 The exterior side setback to the existing detached accessory buildings shall
be:
a) 1.8 metres (5.9 feet) for shed # 1; and
b) 2.5 metres (8.2 feet) for shed # 2
9.5.39 Special Rural Residential 39 (RR-39) By-law 2020-04
Part of Lot 8, Con 8
Part 2, 3 and 4 RP 39R-14043
9.5.39 Zone Provisions
1. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum lot area
3998.5 square metres (0.98 acres)
b) Minimum rear setback
18.03 metres (59.15 feet)
9.5.40 Special Rural Residential 40 (RR-40) By-law 2020-07
Part of Lot 7, Con 1
Part 1, 2 and 3 on RP 39R- 14068
Zoning By-law 2001-58
106
9.5.40 Zone Provisions
1. Notwithstanding the permitted uses in the Rural Residential (RR) zone, the
following special provisions shall apply
a) A Development Agreement shall be entered with the Township of
Hamilton and registered on title of the lands prior to the stamping of the
deeds for consents noted above. The Development Agreement shall
address criteria identified in the October 9, 2019 comments received from
the Ganaraska Region Conservation Authority in respect of the
Environmental Impact Study completed by Niblett Environmental
Associates Ltd. in August 2019.
9.5.41 Special Rural Residential 41 (RR-41) By-law 2020-38
Part Lot 13, Con 2
9.5.41.1 Provisions for the proposed detached accessory building:
a) Gross floor area: 241.5 square metres (2600 square feet) maximum
(91.55 % of the house);
b) Location:
In front of front line of principal building;
c) Front setback:
20 metres (65.6 feet) minimum;
d) Building height:
4.87 metres (16 feet) maximum;
e) Gross floor area of Home Industry/Craft Shop: 241.5 square metres
(2600 square feet) maximum;
f) Non-resident employees: 2 maximum; and
g) Parking spaces on site:
5 minimum.
That development of the site shall be subject to the required Environmental
Impact Study, as approved by the Ganaraska Region Conservation Authority
and the Township of Hamilton.
9.5.42 Special Rural Residential 42 (RR-42) By-law 2020-39
Pt Lot 13, Con 2
Part 3 on RP 39R-14111
9.5.42.1 Zone Provisions
a) Lot area: 0.17 hectares (0.42 acres);
b) Lot frontage: 30.35 metres (99.6 feet);
c) Side setback of existing detached accessory building: 0.88 metres (2.88
feet); and
d) Projection into rear yard of existing rear deck: As illustrated on the
Surveyor's Real Property Report by Gifford Harris Surveying Inc., dated
March 30, 2020.
9.5.43 Special Rural Residential 43 (RR-43) By-law 2020-39
Part of Lot 13, Con 2
1 and 2 on RP 39R-14111
Zoning By-law 2001-58
107
9.5.43.1 Zone Provisions
a) Lot area: 0.17 hectares (0.42 acres); and
b) Lot frontage: 30.35 metres (99.6 feet).
9.5.44 Special Rural Residential 44 (RR-44) By-law 2020-59
Pt Lot 7, Con 3
Part 1-6 inclusive on RP 39R-14140
9.5.44.1 Zone Provisions
a) Lot area:
1.21 hectares (3 acres); and
b) Lot frontage:
20.12 metres (66 feet).
9.5.45 Special Rural Residential 45 (RR-45) By-law 2021-26
Part of Lot 4, Con 7
Part 2 39R-14253
9.5.45.1 Zone Provisions
Front yard setback existing single family dwelling
16.23 metres (53.2
feet) minimum
Building height existing garage
4.57 metres (15
feet) maximum.
9.5.46 Special Rural Residential - 46 (RR-46) By-law 2023-52
Pt Lot 26, Con 3
More particularly described as
Part 1 on RP 39R-14462 together with Part 1 on 39R-14462 (being the
benefitting lands and the lot additions lands from consent application B-04/22
for lot addition to 3057 Stu Black Road)
9.5.46.1 Zone Provisions
a) Minimum rear setback of existing detached accessory building (trailer/sea
container): 2.27 metres (7.44 feet)
9.5.47 Special Rural Residential 47 (RR-47) By-law 2024-07
Part of Lot 25, Con 5
Part 1 of 39-R14751
Notwithstanding Sections 9.3.2 and 5.25.2 to the contrary, on lands zoned
Special Rural Residential 47 (RR-47), the following zone provisions shall apply:
a) Minimum Rear Setback for the principal building shall be 13.85 m
b) The accessory structure existing on the date of passage of this by-law
shall be permitted closer to the road then the main permitted use. The
minimum front setback for the accessory structure shall be 2.77 metres.
Zoning By-law 2001-58
108
Section 10 - Limited Service Residential (LSR)
10.1
Preamble
Within a Limited Service Residential Zone (LSR), no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other
than a permitted use in this section and also such use, building or structure
shall be in accordance with the regulations contained or referred to in this
section.
In a Limited Service Residential Zone, there is no commitment or requirement
by the municipality to assume responsibility for ownership or maintenance of
any private road. Due to road condition of privately maintained roads, there is
no commitment or requirement by the municipality to ensure that emergency
vehicles are able to access privately owned roads. The intent of the Limited
Service Residential Zone is to recognize residential development on a private
road or to upgrade a summer maintained public road.
10.2
Permitted Uses
10.2.1. Permitted Principal Uses
a) A seasonal dwelling.
10.2.2. Permitted Accessory Uses
a) A type "A" home occupation in accordance with the provisions of Section
5.21;
b) Accessory building(s) or use(s) including one sleeping cabin in
accordance with the provisions of Section 5.1; and/or
c) Shipping containers, only when incorporated into a design where a
building permit has been issued.
10.3
Zone Regulations
10.3.1. For the property
a) Lot Area: 8000 square metres (1.97 acres) minimum;
b) Lot Frontage on a private road and/or a navigate waterway: 60 metres
(196.9 feet) minimum;
c) Lot Coverage (all buildings): 20% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31.
10.3.2. For Principal Building
a) Front Setback: 10 metres (32.8 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 3 metres (9.8 feet) minimum;
e) Gross Floor Area of Dwelling: 74.32 square metres (800.0 square feet)
minimum;
Zoning By-law 2001-58
109
f) Gross Floor Area (where there is more than one storey): 37.16 square
metres (400 square feet) minimum; and
g) Building Height: 11 metres (36.1 feet) maximum.
10.3.3. For Accessory Building
a) Rear Setback: 3 metres (9.8 feet) minimum;
b) Interior Setback: 3 metres (9.8 feet) minimum;
c) Exterior Side Setback: 3 metres (9.8 feet) minimum;
d) Lot Coverage: 5% maximum; and
e) Building Height: 4.5 metres (14.8 feet) maximum.
10.4
General Provision
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building structure or use within the Limited Service
Residential (LSR) Zone.
10.5
Special Limited Service Residential (LSR) Zones
10.5.1 Special Limited Service Residential 1 (LSR-1) By-law 2014-61
5139 Halstead Beach Road, Unit 490
Part Lot 26, Con 8
Lot 28 on RCP 422
Zone Regulations
10.5.1.1 a) Single Detached Dwellings
i. Lot Area (min)
728.4 m2 (0.18 acres)
ii. Lot Frontage
15.09 m (49.52 feet)
iii. Side Setback
1.74 m (5.73 feet) east side
2.60 m (8.55 feet) west side
As existing on the date of the passage of this By-law.
10.5.1.2 a) Detached Accessory Buildings
i. The existing detached accessory buildings may continue to sit proud
of (closer to the front lot line/the water line) the existing Single
Detached Dwelling.
ii. The existing detached accessory buildings shall not be used for
human habitation.
iii. Side Setback (min)
1. Most northerly accessory building 0.23 m (0.77 feet) east side
2. Building directly north of the dwelling 0.19 m (0.64 feet) east side;
Zoning By-law 2001-58
110
iv. Lot coverage max
6.65%
As existing on the date of the passage of this By-law.
10.5.2 Special Limited Service Residential 2 By-law 2015-13 Not used
10.5.3 Special Limited Service Residential-3 (LSR-3) By-law 2015-13
Part Lot 2 and 3, Concession 9 And part of former road allowance
Parts 1-4 on RP 39R-13136
5427 Young St, Unit 250, Harwood
10.5.3.1 Zone Provisions
a) Lot area - 0.44 hectares (1.1 acres) minimum.
10.5.4 Special Limited Service Residential 4 (LSR-4) By-law 2021-11
Part of Lot 19, Con 9
Parts 1, 2, 6, 7, 8, 9 and 11 on RP 39R-14176
10.5.4.1 Zone Provisions
a) Lot Area
0.4595 hectares (1.13 acres) minimum
b) Lot Frontage (water frontage)
36 metres (118.11 feet) minimum
c) Side setback (existing detached garage) As it exists on the date of the
adoption of this by-law
10.5.5 Special Limited Service Residential 5 (LSR-5) By-law 2021-11
Part of Lot 19, Con 9
Parts 3, 4, 5 and 10 on RP 39R-14176
10.5.1.1 Zone Provisions
a) Lot Area: 3.2488 hectares
(8.02 acres) minimum
b) Lot Frontage (water frontage)
30 metres (98.4 feet) minimum
Zoning By-law 2001-58
111
Section 11 - Waterfront Residential (WR)
11.1
Preamble
Within a Waterfront Residential Zone (WR), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than a
permitted use in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
11.2
Permitted Uses
11.2.1 Permitted Principal Uses
a) A single detached dwelling or a seasonal dwelling
11.2.2. Permitted Accessory Uses
a) A type "A" home industry in accordance with the provisions of Section
5.20;
b) A type "A" or type "B" home occupation in accordance with the provisions
of Section 5.21;
c) An accessory building to the above principal uses;
d) Shipping containers, only when incorporated into a design where a
building permit has been issued.
11.3
Zone Regulations
11.3.1. For the property
a) Lot Area: 8000 square metres (1.97 acres) minimum;
b) Lot Frontage (both municipal road and water): 45.7 metres (150.0 feet)
minimum;
c) Lot Coverage (all buildings): 20% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31.
11.3.2. For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 20 metres (65.6 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum;
e) Gross Floor Area of Dwelling: 89 square metres (985 square feet)
minimum;
f) Gross Floor Area (where there is more than one storey): 44.5 square
metres (479 square feet) minimum; and
g) Building Height: 11 metres (36.1 feet) maximum.
11.3.3. For Accessory Building
Zoning By-law 2001-58
112
a) Rear Setback: 3 metres (9.8 feet) minimum;
b) Interior Side Setback: 3 metres (9.8 feet) minimum;
c) Exterior Side Setback: 20 metres (65.6 feet) minimum;
d) Lot Coverage: 5% maximum; and
e) Building Height: 4.5 metres (14.5 feet) maximum.
11.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building structure or use within the Waterfront
Residential (WR) Zone.
11.5
Special Waterfront Residential (WR) Zones
All provisions of the By-law shall apply except as specified by each zoning
requirement.
11.5.1 Special Waterfront Residential 1 (WR-1) - By-law 2023-38
Part of Lot 9, Con 9
5696 Rice Lake Scenic Drive
Part 1 on RP 39R-14637
11.5.1 Zone Provisions
a) Lot area
2057 square metres minimum
b) Lot frontage
24.72 metres minimum
c) Front setback principal building
16.27 metres minimum
d) Side setback principal building
1.01 metres minimum
e) Side setback of frame shed
1.84 metres minimum
f) Side setback of frame shed
1.94 metres minimum
g) Side setback of gazebo
2.47 metres minimum
11.5.2 Special Waterfront Residential 2 (WR-2) - By-law 2023-38
Part of Lot 9, Con 9
5704 Rice Lake Scenic Drive
Part 2 on RP 39R-14637
11.5.2.1 Zone Provisions
a) Lot area
1764 square metres minimum
b) Lot frontage
27.57 metres minimum
c) Rear setback principal building
11.4 metres minimum
d) Rear setback of frame building
1.6 metres minimum
Zoning By-law 2001-58
113
11.5.3 Special Waterfront Residential 3 (WR-3) - By-law 2023-38
Part of Lot 9, Con 9
5706 Rice Lake Scenic Drive
Part 3 on RP 39R-14637
11.5.3.1 Zone Provisions
a) Lot area
1062 square metres minimum
b) Lot frontage
19.98 metres minimum
c) Rear setback principal building
8.69 metres minimum
d) That the existing non-permitted commercial travel trailer be relocated from
its current position to a location on the property, with a minimum of 3
metres setbacks from the side lot lines, prior to the stamping of the deed
in respect of applications B-12/21 and B-13/21, and it shall not be
replaced following the end of its normal life span.
11.5.4 Special Waterfront Residential 4 (WR-4) - By-law 2023-38
Part of Lot 9, Con 9
5714 Rice Lake Scenic Drive
Part 5 on RP 39R-14637
11.5.4.1 Zone Provisions
a) Lot area
3898 square metres minimum
b) Lot frontage
90 metres minimum
c) Front setback principal building
15.49 metres minimum
d) Rear setback of principal building
12.7 metres minimum
e) Front setback of frame shed
11.41 metres minimum
f) That the commercial travel trailer be removed from the property prior to
the stamping of the deed in respect of applications B-12/21 and B-13/21.
11.5.5 Special Waterfront Residential 5 (WR-5) - By-law 2024-18
Part of Lot 5, Con 9
Part 1 of 39R1579
11.5.5.1 Zone Provisions
Notwithstanding Sections 11.3.2 a), 11.3.2 b), and 11.3.2 d) and 11.3.2 e) of
this By-law to the contrary, the following special zone provisions shall apply to
lands zoned Special Waterfront Residential 5 (WR-5):
a) Front setback
3 metres minimum
b) Rear setback
15 metres minimum
c) Exterior side setback
15 metres minimum
d) Gross floor area of dwelling
58 m2 minimum
Zoning By-law 2001-58
114
Section 12 - Mobile Home Residential (MHR)
12.1
Preamble
Within a Mobile Home Residential Zone (MHR), no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section, and also no person shall, within any MHR
zone, use any lot or install, place, erect, alter or use any building or structure
unless such lot is served by a communal water system and a sanitary sewer
system and except in accordance with the regulations contained or referred to
in this section.
12.2
Permitted Uses
12.2.1 Permitted Principal Uses
a) A mobile home park; and/or
b) A public use
12.2.2. Permitted Accessory Uses
a) A mobile home park management office;
b) A recreational use accessory to a mobile home park;
c) A type "A" home occupation in accordance with the provisions of Section
5.33;
d) An accessory building to the above principal uses; and/or
e) Additional residential unit(s) subject to the provisions of Section 5.2.
12.3
Zone Regulations
12.3.1. For the property
a) Lot Area: 3 hectares (7.4 acres) minimum;
b) Lot Frontage (road): 60 metres (196.9 feet) minimum;
c) Landscaped Area: 30% minimum; and
d) Off-street parking shall be provided in accordance with Section 5.31
12.3.2. For Principal Building
a) Front Setback: 13.5 metres (44.3 feet) minimum;
b) Rear Setback: 7.6 metres (24.9 feet) minimum;
c) Interior Side Setback: 7.6 metres (24.9 feet) minimum;
d) Exterior Side Setback: 13.5 metres (44.3 feet) minimum; and
e) Building Height - Residential Uses: 5 metres (16.4 feet) maximum.
12.3.3. For Individual Mobile Home Sites
a) Site Area: 700 square metres (7,535 square feet) minimum;
Zoning By-law 2001-58
115
b) Site Frontage on internal private road system: 18 metres (59.1 feet)
minimum;
c) Front Setback from internal private road system: 9 metres (29.5 feet)
minimum;
d) Front Setback from municipal road system: 13.5 metres (44.3 feet)
minimum;
e) Rear Setback: 3 metres (9.8 feet) minimum;
f) Interior Side Setback: 3 metres (9.8 feet) minimum;
g) Exterior Side Setback from internal private road system: 9 metres (29.5
feet) minimum;
h) Exterior Side Setback from municipal road system: 13.5 metres (44.3 feet)
minimum;
i) Gross Floor Area of Mobile Home Dwelling: 37 square metres (393.3
square feet) minimum;
j) Lot Coverage of individual sites: 33% maximum;
k) Building Height: 5 metres (16.4 feet) maximum; and
l) Refer to County policy for their setback requirements.
12.3.4. For Accessory Buildings
a) Gross Floor Area of Accessory Dwelling: 74 square metres (796.6 square
feet) minimum;
b) Accessory Dwellings/lot (part): 1 minimum;
c) Rear Setback (individual sites): 3 metres (9.8 feet) minimum;
d) Interior Side Setback (individual sites): 3 metres (9.8 feet) minimum;
e) Exterior Side Setback from internal private road system: 9 metres (29.5
feet) maximum;
f) Exterior Side Setback from municipal/county road system: 13.5 metres
(44.3 feet) minimum;
g) Lot Coverage: 5% maximum; and
h) Building Height: 4.5 metres (14.8 feet) maximum.
12.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use with the Mobile Home
Residential (MHR) Zone.
Zoning By-law 2001-58
116
Section 13 - Urban Residential First Density (UR1)
13.1
Preamble
Within an Urban Residential First Density Zone (UR1), no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any use
other than a permitted use in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to in
this section.
13.2
Permitted Uses
13.2.1. Permitted Principal Uses
a) A public park; and/or
b) A single detached dwelling.
13.2.2. Permitted Accessory Uses
a) A type "A" or type "B" home occupation in accordance with the provisions
of Section 5.21;
b) A type "A" home industry in accordance with the provisions of Section
5.20;
c) An accessory building to the above principal uses;
d) Additional residential unit(s) subject to the provisions of Section 5.2;
and/or
e) Shipping containers, only when incorporated into a design where a
building permit has been issued.
13.3
Zone Regulations
13.3.1. For the property
a) Lot Area with municipal water: 2,800 square metres (30,140 square feet)
minimum;
b) Lot Frontage with municipal water: 30 metres (98.4 feet) minimum;
c) Lot Area with private water/well: 4,050 square metres (1 acre) minimum;
d) Lot Frontage with private water/well: 45.76 metres (150.0 feet) minimum;
e) Lot Coverage (all buildings): 30% maximum; and
f) Off-street parking shall be provided in accordance with Section 5.35
13.3.2. For Principal Building
a) Front Setback: 10 metres (32.8 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 10 metres (32.8 feet) minimum;
Zoning By-law 2001-58
117
e) Gross Floor Area of Dwelling: 100 square metres (1,076.4 square feet)
minimum; and
f) Building Height: 11 metres (36.1 feet) maximum.
13.3.3. For Accessory Buildings
a) Rear Setback: 2.5 metres (8.2 feet) minimum;
b) Interior Side Setback: 2.5 metres (8.2 feet) minimum;
c) Exterior Side Setback: 10 metres (32.8 feet) minimum;
d) Lot Coverage: 5% maximum; and
e) Building Height: 4.5 metres (14.8 feet) maximum.
13.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building, structure or use within the Urban
Residential First Density (UR1) Zone.
13.5
Special Urban Residential First Density Zones (UR1)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
13.5.1 Special Urban Residential First Density 1 (UR1-1)
The lands subject to this By-law amendment are described as follows:
Part Lot 19, Concession 5
13.5.1.1 Zone Regulations
Non-Residential
a) A farm produce outlet shall be permitted; and
b) A limited number of livestock may be kept and shall be limited to 2 horses.
13.5.2 Special Urban Residential First Density 2 (UR1-2)
Part Lot 15, Concession 6
13.5.2.1 Zone Regulations
Non-Residential
a) A commercial garage shall be permitted within an existing structure.
13.5.3 Special Urban Residential First Density 3 (UR1-3)
Part Lot 16, Concession 8
13.5.3.1 Zone Regulations
Non-Residential
a) A small engine sales and service shop shall be permitted within an
existing structure.
Zoning By-law 2001-58
118
13.5.4 Special Urban Residential First Density 4 (UR1-4) Not Used
13.5.5 Special Urban Residential First Density 5 (UR1-5)
Part Lot 4, Concession 9
13.5.5.1 Zone Regulations
a) Residential
i. A single detached dwelling; or
ii. An accessory dwelling unit to a permitted non-residential use.
b) Non-Residential
i. A church;
ii. A Type 'A' and Type 'B' home occupation;
iii. A public use;
iv. A personal service shop;
v. A merchandise service shop;
vi. A retail store; or
vii. A business office.
13.5.6 Special Urban Residential First Density 6 (UR1-6)
Part Lot 8, Concession 3
13.5.6.1 Zone Regulations
a) Non-residential
i. A restaurant; or
ii. An art gallery
13.5.6A Special Urban Residential First Density 6A (UR1-6A) By-law 2002-53
Part Lot 18, Concession 2
Plan 47 Lot 2
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
UR1-6A and shown on schedule "F" & "G" attached, the following special
provisions shall apply:
Lot frontage minimum
39.62 metres (130 feet) minimum.
13.5.6B Special Urban Residential First Density 6B (UR1-6B) By-law 2002-53
Part Lot 18, Concession 2
Plan 47 Lot 2
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
UR1-6B and shown on schedule "F" & "G" attached, the following special
provisions shall apply:
Lot area
2.83 hectares (7 acres) minimum.
Lot frontage
20 metres (66 feet) minimum.
Zoning By-law 2001-58
119
13.5.7 Special Urban Residential First Density 7 (UR1-7)
Part Lot 34, Concession 8,
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
UR1-7 and the following special provisions shall apply:
13.5.7.1 Zone Regulations
Residential
a) Single detached dwelling units -2 (existing as of 1974 on separate lots
which have since merged in title).
13.5.8A Special Urban Residential First Density 8A (UR1-8A)
Part Lot 17 and 18, Concession I
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
UR1-8 the following special provisions shall apply:
13.5.8A.1 Zone Regulations
a) Interior side yard (abutting rear of Lot 33) 10 metres (32.8 feet).
13.5.8B Special Urban Residential First Density 8B-H (UR1-8B-H) By-law 2009-23
Part Lot 13 and 14 and Part of Road Allowance, Concession 1,
13.5.8B.1 Zone Regulations
In addition to the uses permitted in the UR1 Zone, lands zoned Special Urban
Residential First Density (UR1-8B-H) Holding Zone may be used for an
emergency vehicle access serving the lands zoned Special Hamlet
Commercial-5 (HC-5). The emergency vehicle access shall only be permitted if
an emergency vehicle access use is not established on lands zoned UR1-9.
Removal of the Holding - H Symbol
That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-9-H
and HC-5-H shall not proceed until such time as the "H" symbol has been
removed in accordance with the provisions of the Planning Act. The "H" Holding
symbol may be removed following completion of the following:
a) A Site Plan and Site Plan Agreement has been entered into between the
developer and the Township in accordance with the provisions of the
Planning Act. The Site Plan and Site Plan Agreement shall address,
where appropriate, such issues as access, traffic impact, site grading and
drainage, site servicing, landscaping, lighting, fencing, waste
management, emergency access, market impact study (if required) and
any other matters provided for in the Township Site Plan Control By-law
and Section 41 of the Planning Act.
13.5.9 Special Urban Residential First Density-9 (UR1-9) By-law 2009-23
Part Lot 13 and 14 and Part of Road Allowance, Concession 1,
13.5.9.1Zone Regulations
In addition to the uses permitted in the UR1 Zone, lands zoned Special Urban
Residential First Density (UR1-9-H) Holding Zone may be used for an
emergency vehicle access serving the lands zoned Special Hamlet
Commercial-5 (HC-5). The emergency vehicle access shall only be permitted if
an emergency vehicle access use is not established on lands zoned UR1-8B.
Zoning By-law 2001-58
120
Removal of the Holding - H Symbol
That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-9-H
and HC-5-H shall not proceed until such time as the "H" symbol has been
removed in accordance with the provisions of the Planning Act. The "H" Holding
symbol may be removed following completion of the following.
a) A Site Plan and Site Plan Agreement has been entered into between the
developer and the Township in accordance with the provisions of the
Planning Act. The Site Plan and Site Plan Agreement shall address,
where appropriate, such issues as access, traffic impact, site grading and
drainage, site servicing, landscaping, lighting, fencing, waste
management, emergency access, market impact study (if required) and
any other matters provided for in the Township Site Plan Control By-law
and Section 41 of the Planning Act.
13.5.10 Special Urban Residential First Density 10 (UR1-10) Not used
13.5.11 Special Urban Residential First Density 11 (UR1-11) By-law 2013-44
4923 County Road 45
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
UR1-11 and shown on Schedule "A" attached, the following special provisions
shall apply:
The minimum front yard for a single detached dwelling on lands zoned UR1-11
shall not be less than the front yard existing on the day of passing of this By-
law.
All other provisions of the By-law 2001-58 shall apply to lands zoned UR1-11.
13.5.12 Special Urban Residential First Density 12 (UR1-12) By-law 2013-45
Part Lot 5, Concession 9
Part 1 on RP 39R-3375
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
UR1-12 and shown on Schedule "A" attached, the following special provisions
shall apply:
a) Lot Area (minimum)
0.22 hectares (.55 acres)
b) Lot Frontage (minimum)
36.57 metres (120 feet)
c) Minimum Rear Setback
30.48 m (100 ft)
All other provision of By-law 2001-58 shall apply to lands zoned UR1-12.
13.5.13 Special Urban Residential First Density 13 (UR1-13) By-law 2013-53
Part Lot 34, Concession 8
Part of Plan 30, Block D, part of lots 1, 2, 3 and 14
13.5.13.1 Zone Regulations
a) For the Principal Building
i. Minimum Lot Area
2000 m2 (0.5 ac)
ii. Minimum Lot Frontage
40.23 metres (132 ft)
Zoning By-law 2001-58
121
iii. Minimum Rear Setback
5.15 metres (16.9 ft)
iv. Minimum Gross Floor Area 93.8 m2 (1010.5 ft2)
13.5.14 Special Urban Residential First Density 14 (UR1-14) not used
13.5.15 Special Urban Residential First Density-15 (UR1-15) By-law 2017-09
5421 Lakeshore Dr., Harwood
Part Lot 4, Concession 9
Parts Lots 17, 18 and 19 on Plan 2 and Lots 1 and 2 on Plan 53, Harwood,
Part 1 on RP 39R- 13502
Zone Provisions
The following provisions shall apply:
13.5.15.1 Minimum lot area
1465.5 m2 (0.36 acres)
13.5.15.2 Minimum lot frontage
36.68 m (120.34 ft) on
Lakeshore Drive, Harwood
13.5.15.3 Minimum front setback
7.85 m (25.75 ft)
existing dwelling
13.5.15.4 Minimum exterior side setback
7 m (22.96 ft)
existing dwelling
13.5.15.5 Minimum gross floor area
63.25 m2 (680.81 ft2)
existing dwelling
13.5.15.6 Minimum side setback
1.17 m (3.83 ft)
existing detached garage
13.5.15.7 Maximum gross floor area
36 m2 (387.5 ft2)
existing detached garage
13.5.16 Special Urban Residential First Density 16 (UR1-16) By-law 2017-09
5429 Lakeshore Dr., Harwood
Part Lot 4, Concession 9
Part Lots 4 and 5, on Plan 53 and Part Lots 17 and 18 on Plan 2
Parts 2 and 3 on RP 39R- 13502
13.5.16 Zone Provisions
The following provisions shall apply:
13.5.15.1 Minimum lot area
489.5 m2 square metres
(.12 ac)
13.5.16.2 Minimum lot frontage
15.24 m (50 ft)
13.5.16.3 Minimum front setback
9.1 m (29.8 ft)
existing dwelling
13.5.16.4 Minimum interior side setback
1.5 m (4.92 ft)
existing dwelling
13.5.16.5 Minimum gross floor area
68.43 m2 (736.46 ft2)
existing dwelling
Zoning By-law 2001-58
122
13.5.16.6 Minimum rear setback
0.61 metres (2 feet)
existing detached accessory shed
13.5.16.7 Minimum side setback
0.36 metres (1.18 feet)
existing detached accessory shed.
13.5.17 Special Urban Residential First Density 17 (UR1-17) Not used
13.5.18 Special Urban Residential First Density 18 (UR1-18) By-law 2018-25
Part Lot 20, Concession 3
Part of Part 3 on RP 39R-1613
The reduced lot frontage of 23.65 metres (77.6 feet) on Smylie Road shall be
recognized.
13.5.19 Special Urban Residential First Density 19 (UR1-19) By-law 2018-25
Part Lot 20, Concession 3
Part 2 on RP 39R-3049 and Part 1 on RP 39R-13683
13.5.19 Zone Provisions
Notwithstanding any provision to the contrary, the following provisions shall
apply to the development of the property in respect of a future detached
accessory building:
a) Gross Floor Area
87 square metres (936.46 square feet)
maximum
b) Building Height
6 metres (19.68 feet) maximum
c) Location
may sit in front of the front line of the principal
building and shall maintain the minimum front
setback requirement of the zone.
13.5.20 Special Urban Residential First Density 20 (UR1-20) By-law 2018-55
Part Lot 14, Con 5
Part of Part 1 on RP 39R-2767 together with
Part 2 on RP 39R-13821
Zone Provisions
Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum lot area
3058 square metres (0.75 acres)
b) The three existing detached accessory buildings that sit in front of the line
of the front wall of the house and the line of the exterior side wall of the
house are recognized but shall not be replaced in these locations. Any
new or replacement structure shall be within the rear yard and/or interior
side yard as required by By-law 2001-58 as amended.
13.5.21 Special Urban Residential First Density 21 (UR1-21) By-law 2018-55
Part Lot 14, Con 5
Parts 3, 7 and 8 RP 39R-13821
Zone Provisions
Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Lot coverage
25% maximum.
Zoning By-law 2001-58
123
13.5.22 Special Urban Residential First Density 22 (UR1-22) By-law 2018-55
Part Lot 14, Con 5
Part 5 on RP 39R-13821
Zone Provisions
Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum front setback
4.24 metres (13.91 feet)
of principal building/dwelling.
13.5.23 Special Urban Residential First Density 23 (UR1-23) By-law 2019-28
Part Lot 7, Con 2
Being Part of Lot 47 on Plan 23
Part 3 on RP 39R-13822
Zone Provisions
a) Lot frontage
36.58 metres (120.00 feet)
Burwash Road
minimum
13.5.24 Special Urban Residential First Density 24 (UR1-24) By-law 2020-06
Part of Lot 20, Con 4
Part 2 on RP 39R-14088
Zone Provisions
Notwithstanding the permitted uses in the Urban Residential First Density (UR1)
zone, the following special provisions shall apply
a) Minimum Lot Area 3809 square metres (0.94 acres)
b) Minimum Lot Frontage
44.5 metres (146 feet)
13.5.25 Special Urban Residential First Density 25 (UR1-25) By-law 2020-06
Part of Lot 20, Con 4
Part 1 on RP 39R-14088
Zone Provisions
Notwithstanding the permitted uses in the Urban Residential First Density (UR1)
zone, the following special provisions shall apply:
a) The existing concrete frame barn and/or any other detached accessory
building shall not be used for farm animals
b) The existing pen in the center of the yard shall not be used for farm
animals
c) The minimum side setback for the existing concrete frame barn shall be
2.03 metres (6.66 feet)
d) The maximum height of the existing concrete frame barn shall be as it sits
on the date of the passing of this by-law.
e) The maximum gross floor area of the existing concrete barn shall be as it
sits on the date of the passing of this by-law.
Zoning By-law 2001-58
124
f) The minimum side setback for the existing shed shall be 0.27 metres (0.88
feet)
g) The minimum side setback for the existing deck shall be 0.04 metres (0.13
feet)
13.5.26 Special Urban Residential First Density 26 (UR1-26) By-law 2022-12
Part Lot 21, Con 4
Special Zone Provisions
a) Lot Area
3344.4 square metres (0.82 acres) min.
b) Side setback
0.48 m (1.57 ft) as it exists on the date
(existing detached frame shed)
of the adoption of this by-law.
13.5.27 Special Urban Residential First Density 27 (UR1-27) By-law 2022-12
Part Lot 21, Con 4
Special Zone Provisions
a) Lot area
3344.4 square metres (0.82 acres)
minimum
13.5.28 Special Urban Residential First Density 28 (UR1-28) By-law 2022-67
Part Lot 35, Con 8
Part 2 on RP 39R-11498
Special Zone Provisions
a) Minimum lot area 2375.3 square metres (0.58 acres)
13.5.29 Special Urban Residential First Density 29 (UR1-29) By-law 2022-67
Part Lot 35, Con 8
Parts 1 and 3 on RP 39R14498
Special Zone Provisions
a) Minimum lot area
1096.9 square metres (0.27 acres)
b) Minimum lot frontage
39.94 metres (130.9 feet)
13.5.30 Special Urban Residential First Density 30 (UR1-30) By-law 2023-45
Part Lot 8, Con 3
Part Lot 17 and 18 on Plan 23
Parts 1, 2, and 3 RP 39R-1483
Special Zone Provisions
a) Minimum Lot area
0.20 hectares (.497 acres)
b) Minimum Lot frontage
30.83 metres (101.15 feet)
c) Minimum Front Setback
4.41 metres (14 feet 6 inches)
Of Principal Building
(excluding veranda)
d) Minimum Exterior side setback of principal building as illustrated on RP
39R-1483 1.57 metres (5 feet 2 inches) (excluding veranda)
Zoning By-law 2001-58
125
e) Minimum Interior side setback of existing detached accessory building
1.72 metres (5 feet 8 inches)
All as existing on the date of the adoption of this By-law.
13.5.31 Special Urban Residential First Density-31 (UR1-31) (By-law 2023-64)
9632 Queen Street, Part of Lot 4, Concession 9, Part 2, Tier 1,
Lots 5 and 6
Notwithstanding Sections 13.3.1 c), the minimum lot area requirement
shall be the area existing as of the date of passage of this by-law.
Notwithstanding any provision of this by-law to the contrary, the minimum
front yard setback for the existing dwelling and accessory building shall be
as they existed on the date of passage of this by-law.
Notwithstanding Section 13.3.2 c), the minimum exterior side yard for the
existing dwelling shall be as it existed on the date of passage of this by-
law.
All other provisions of this By-law shall apply.
13.5.32 Special Urban Residential First Density-32 (UR1-32) By-law 2024-06
Part of Lots 2 & 3, Concession 9
Part 3 of 39R14679 and 5427 Young Street
Notwithstanding Section 13.3.2 a) to the contrary, on lands zoned Special
Urban Residential First Density 32 (UR1-32), the minimum front setback for the
existing dwelling shall be as it existed on the day of passage of this by-law.
13.5.33 Special Urban Residential First Density-33 (UR1-33) By-law 2024-27
Part of Lot 22, Concession 4
39R14797 Part 1
Notwithstanding Section 5.25.2 of this By-law to the contrary, in the Special
Urban Residential First Density 33 (UR1-33) zone, the two existing accessory
structures located closer to Jibb Road than the principal dwelling shall be
permitted. Also permitted in the Special Urban Residential First Density 33
(UR1-33) zone is one additional accessory building setback a minimum of 16
metres from the Lacey Road frontage and which can be located closer to Lacey
Road than the principal dwelling.
13.5.34 Special Urban Residential First Density 34 (UR1-34) By-law 2024-28
9595 Queen Street
Part of 4, Concession 9
Plan 2 Tier 2, Lots 11 and 12,
39R-9757, Part 1
Notwithstanding Sections 13.3.1 b), 13.3.1 d, 13.3.2 b) and 13.3.2 c) to the
contrary, in the Special Urban Residential First Density 34 (UR1-34) zone, for
the principal building the following provisions shall apply:
a) Lot Area (minimum)
.1365 ha
b) Lot Frontage (minimum)
20.31
c) Rear Setback (minimum)
9.79 metres
d) Interior side setback (north) (minimum) .74 metres
e) Interior side setback (south) (minimum) 2.98 metres
Zoning By-law 2001-58
126
Section 14 - Urban Residential Second Density (UR2)
14.1
Preamble
Within a Urban Residential Second Density Zone (UR2), no person shall use
any land, erect, alter, enlarge, use or maintain any building or structure for any
use other than a permitted use in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to in
this section.
14.2
Permitted Uses
14.2.1 Permitted Principal Uses
a) A duplex dwelling;
b) A public park;
c) A semi-detached dwelling; and/or
d) A single detached dwelling.
14.2.2 Permitted Accessory Uses
a) A type "A" or type "B" home occupation in accordance with the provisions
of Section 5.21;
b) A type "A" home industry in accordance with the provisions of Section
5.20;
c) An accessory building to the above principal uses;
d) Additional residential unit(s) subject to the provisions of Section 5.2;
and/or
e) Shipping containers, only when incorporated into a design where a
building permit has been issued.
14.3
Zone Regulations
14.3.1 For the property (Single)
a) Lot Area: 4,050 square metres (1 acre) minimum;
b) Lot Frontage: 45.7 metres (150 feet) minimum;
c) Lot Coverage: 30% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31.
14.3.2 For the property (Semi/Duplex)
a) Lot Area: 6,000 square metres (1.48 acres) minimum;
b) Lot Frontage: 60 metres (196.9 feet) minimum;
c) Lot Coverage: 30% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31.
Zoning By-law 2001-58
127
14.3.3 For the property (Converted)
a) Lot Area: 1,400 square metres (0.35 acres) per unit minimum; and
b) Off-street parking shall be provided in accordance with Section 5.31.
14.3.4 For Principal Building (Single)
a) Front Setback: 10 metres (32.8 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 10 metres (32.8 feet) minimum;
e) Gross Floor Area of Dwelling: 100 square metres (1,076.4 square feet)
minimum; and
f) Building Height: 11 metres (36.1 feet) maximum.
14.3.5 For Principal Building (Semi/Duplex)
a) Front Setback: 10 metres (32.8 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet);
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 10 metres (32.8 feet) minimum;
e) Gross Floor Area of Dwelling: 180 square metres (1,937.6 square feet);
and
f) Building Height: 11 metres (36.1 feet) maximum.
14.3.6 For Accessory Buildings
a) Rear Setback: 2.5 metres (8.2 feet) minimum;
b) Interior Side Setback**: 2.5 metres (8.2 feet) minimum;
c) Exterior Side Setback**: 10 metres (32.8 feet) minimum;
d) Lot Coverage: 5% maximum; and
e) Building Height: 4.5 metres (14.8 feet) maximum.
Notwithstanding the provisions of the above table, where an interior side yard
and/or rear yard abuts a residential zone, then such interior side yard and/or
rear yard shall be a minimum of 15 metres (49.2 feet). These 15 metres (49.2
feet) area shall be maintained in an open space condition and the open storage
of goods or materials shall not be permitted within this 15 metre (49.2 feet)
area.
Zoning By-law 2001-58
128
14.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Urban
Residential Second Density (UR2) Zone.
Zoning By-law 2001-58
129
Section 15 - Urban Multiple Residential (UMR)
15.1
Preamble
Within an Urban Multiple Residential Zone (UMR), no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any use
other than a permitted use in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to in
this section.
15.2
Permitted Uses
15.2.1 Permitted Principal Uses
a) A multiple dwelling;
b) A public park; and/or
c) A senior citizen multiple dwelling.
15.2.2 Permitted Accessory Uses
a) A type "A" home occupation in accordance with the provisions of Section
5.21;
b) An accessory building to the above principal uses; and/or
c) Shipping containers, only when incorporated into a design where a
building permit has been issued.
15.3
Zone Regulations
15.3.1 For the property
a) Lot Area (whichever is greater): 8,000 square metres (1.98 acres) for
entire lot or 1400 square metres (0.35 acres) per dwelling unit on the lot
minimum;
b) Lot Frontage: 60 metres (196.9 feet) minimum;
c) Lot Coverage (all buildings): 30% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31.
15.3.2 For Principal Building
a) Front Setback: 10 metres (32.8 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Side Setback:
i.
To a wall of a building containing windows to habitable rooms: 8
metres (26.2 feet) minimum; or
ii.
To a wall of a building containing no windows to habitable rooms: 3
metres (9.8 feet) minimum.
d) Exterior Side Setback: 10 metres (32.8 feet) minimum;
Zoning By-law 2001-58
130
e) Gross Floor Area of Dwelling:
i.
Multiple dwelling: 42 square metres (452.1 square feet) plus 13
square metres (139.9 square feet) for each additional bedroom
above one minimum;
f) Number of dwelling units in one principal building: 3 maximum; and
g) Building Height: 11 metres (36.1 feet) maximum.
15.3.3 For Accessory Buildings
a) Rear Setback: 2.5 metres (8.2 feet) minimum;
b) Interior Side Setback: 2.5 metres (8.2 feet) minimum;
c) Exterior Side Setback: 10 metres (32.8 feet) minimum;
d) Lot Coverage: 5% maximum; and
e) Building Height: 4.5 metres (14.8 feet) maximum.
15.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building, structure or use within the Urban Multiple
Residential Zone (UMR).
15.5
Special Urban Multiple Residential Zones (UMR)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
15.5.1 Special Urban Multiple Residential 1 (UMR-1) By-law 2006-23
Part Lot 34, Concession 8
Plan 30, Blk M, Lots 7 and 8, being Part 1 on RP 39R-2135
7150 Mill St., Bewdley
15.5.1.1 Zone Regulations
a) Residential: multiple residential uses shall be limited to 5 dwelling units;
b) Non-residential: a retail store.
All other provisions of By-law 2001-58, as amended, shall apply.
15.5.2 Special Urban Multiple Residential 2 (UMR-2) By-law 2023-22
4765 County Road 45, Baltimore
Part Lot 8, Con 2
Part of lot 56 on Plan 23
Including Part 2 on RP 39R-716
Zone Regulations
Notwithstanding any other permitted use of zone provision to the contrary, the
lands zoned URM-2 the following special provisions shall apply:
a) Residential: 1 multiple residential use building
Zoning By-law 2001-58
131
b) Lot area: 2069.9 square metres (0.51 acres) minimum (existing lot of
record)
c) Lot frontage: 21.87 metres (71.75 feet) minimum (on Community Center
Road)
d) Front setback minimum: As per site plan illustration dated February 14,
2023, on Schedule "B", attached hereto and formatting part of this by-law.
Existing building encroaches on road allowance.
e) Rear setback: 7.01 metres (22.99 feet) minimum
f) Interior side setback: 6.09 metres (19.98 feet) minimum
g) Exterior side setback: 4.8 metres (15.74 feet) minimum
h) Gross floor area: 42 square metres (452.08 square feet) per unit minimum
i) Number of units: 8 units, 1 bedroom each maximum
j) Privacy fencing: 1.5 metres (4.92 feet) minimum, high chain-link fence with
PVC slats maintained in good order to provide visual screening.
Zoning By-law 2001-58
132
Section 16 - Rural Commercial (RC)
16.1
Preamble
Within an Rural Commercial Zone (RC), no person shall use any land, erect,
alter, enlarge or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
16.2
Permitted Uses
16.2.1 Permitted Principal Uses
a) An abattoir;
b) An agricultural equipment supply and repair outlet;
c) An auction outlet;
d) A bulk fuel dealer;
e) A butcher shop and accessory retail meat establishment;
f) A commercial greenhouse, nursery or garden centre;
g) A contractor's yard;
h) A craft shop;
i) A farm implement dealer including the sale and service of snowmobiles
and lawn and garden equipment;
j) A feed and seed mill;
k) A fertilizer mixing and sales establishment;
l) A merchandising service shop;
m) A planning mill;
n) A sawmill;
o) A truck terminal; and/or
p) A wayside pit or quarry.
16.2.2 Permitted Accessory Uses
a) 1 detached dwelling or 1 dwelling unit as an accessory use for the owner
of operator of a principal use, in accordance with the provisions of Section
5.12;
b) An accessory building to the above principal uses; and/or
c) Shipping containers where a building permit has been issued.
16.3
Zone Regulations
16.3.1 For the property
Zoning By-law 2001-58
133
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage (all buildings): 40% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31.
16.3.2 For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 8 metres (26.2 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and
e) Building Height: 11 metres (36.1 feet) maximum.
16.3.3 For Accessory Buildings
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 1.5 metres (4.9 feet) minimum;
c) Interior Side Setback: 1.5 metres (4.9 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum;
e) Building Height: 4.5 metres (14.8 feet) maximum;
f) Building Height for detached accessory dwelling unit: 11 metres (36.1 feet)
maximum; and
g) Access to a dwelling unit shall be separate from access to a commercial
use.
16.3.4 For land abutting a Residential zone or Residential use
Notwithstanding the provisions of subsection 16.3, where an interior side yard
and/or a rear yard abuts a residential zone or any existing residential use, then
such interior side yard shall be a minimum of 5 metres (16.4 feet) and such rear
yard shall be a minimum of 10 metres (32.8 feet). The 3 metre (9.8 feet) strip of
land immediately adjacent to the rear and/or interior side lot lines shall be
landscaped.
16.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure, or use within the Rural
Commercial Zone (RC).
16.5
Special Rural Commercial Zones (RC)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
16.5.1 Special Rural Commercial 1 (RC-1)
Part Lot 8, Concession 3
Zoning By-law 2001-58
134
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RC-1 the following special provisions shall apply:
16.5.1.1 Zone Regulations
Non-Residential:
a) The following shall be the only permitted non-residential uses:
i.
Artisan's workshop;
ii.
Retail store; or
iii.
Public use.
b) Residential: A residential unit accessory to the above uses shall be
permitted.
16.5.2 Special Rural Commercial-2 (RC-2)
Part Lot 35, Concession 6
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RC-2 the following special provisions shall apply:
16.5.2.1 Zone Regulations
a) Non-Residential - A commercial garage in an existing building shall be
permitted.
16.5.3 Special Rural Commercial-3 (RC-3) By-law 2004-37
Part Lot 31, Concession 1, County Road 2 West
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
RC-3 and shown on Schedule "A" attached, the following special provisions
shall apply:
Non-Residential - A bakeshop and a retail store to be permitted in the 1200
square foot vinyl clad portion of the dwelling structure.
Lot Frontage - 42.6 metres (140 feet); and
Lot Area - 0.24 hectares (0.6 acre)
Zoning By-law 2001-58
135
Section 17 - Rural Highway Commercial (RHC)
17.1
Preamble
Within a Rural Highway Commercial Zone (RHC), no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure shall
be in accordance with the regulations contained or referred to in this section.
17.2
Permitted Uses
17.2.1 Permitted Principal Uses
a) An agricultural produce sales outlet;
b) An automatic or coin operated car wash with the sale of petroleum
products incidental thereto;
c) An auction outlet;
d) An automobile sales agency;
e) An automobile, snowmobile, motorcycle or boat service station;
f) A commercial greenhouse, nursery or garden centre;
g) A contractor's yard;
h) A convenience retail store;
i) A diesel, propane and/or natural gas outlet;
j) An eating establishment;
k) An establishment for the sale, service, storage or repair of small internal
combustion engines such as outboard motors and lawnmowers;
l) A hotel;
m) A lumber and building supply outlet;
n) A tavern;
o) A truck terminal: and/or
p) A wayside pit or quarry.
17.2.2 Permitted Accessory Uses
a) One detached dwelling or one dwelling unit as an accessory use for the
owner or operator of a principal use to any of the foregoing except
automobile service stations or other uses involving the sale of gasoline or
other similar petroleum products, in accordance with the provisions of
Section 5.12;
b) A convenience retail store and a restaurant as an accessory use to an
automobile service station;
c) An accessory building to the above principal uses; and/or
Zoning By-law 2001-58
136
d) Shipping containers where a building permit has been issued.
17.3
Zone Regulations
17.3.1 For the property*
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage (all buildings): 30% maximum; and
d) Off-street parking shall be provided in accordance with Section 5.31 and
5.24.
On a corner lot, a sight triangle of 8 metres (26.2 feet) minimum shall be
provided. Such site triangle is not to be construed to be part of the required
minimum yard. All means of ingress and egress shall have a minimum width of
6 metres (19.7 feet) and in the case of a corner lot, no means of ingress or
egress shall be located within 15 metres (49.2 feet) of the intersection of the
streets or where a corner is rounded, the points at which the extended street
lines meet.
17.3.2 For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 8 metres (26.2 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and
e) Building Height: 11 metres (36.1 feet) maximum.
17.3.3 For Accessory Buildings
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 1.5 metres (4.9 feet) minimum;
c) Interior Side Setback: 1.5 metres (4.9 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum;
e) Building Height: 4.5 metres (14.8 feet) maximum; and
f) Building Height for detached accessory dwelling unit: 11 metres (36.1 feet)
maximum.
17.3.4 Special Provisions for a Car Wash Establishment
a) For an automatic car wash, a minimum of 10 waiting spaces shall be
provided on the subject property: and
b) For a coin operated car wash, a minimum of 2 waiting spaces and one
drying space shall be provided for each washing unit or bay.
Zoning By-law 2001-58
137
17.3.5 Special Provisions for an Automobile Service Station
a) Lot Depth: 45 metres (147.6 feet) minimum;
b) Front Setback: 15 metres (49.2 feet) minimum;
c) Rear Setback: 7.5 metres (24.6 feet) minimum;
d) Interior Side Setback: 7.5 metres (24.6 feet) minimum;
e) Exterior Side Setback: 8 metres (26.2 feet) minimum;
f) Building Height: 11 metres (36.1 feet) maximum;
g) When abutting a residential zone:
i.
Interior Side Setback: 15 metres (49.2 feet) minimum;
ii.
Rear Setback: 15 metres (49.2 feet) minimum; and
iii.
Mandatory Open Space abutting a residential zone: 4.5 metres (14.5
feet) minimum;
h) Light stands and signs (within any required yard): 2.5 metres (8 feet) from
any street line minimum;
i) Fuel pumps and pump islands (within any required yard): 6 metres (19.7
feet) from any street line minimum;
j) Distance between access ramps: 12 metres (39.4 feet) minimum;
k) Ramp setback from side lot line: 4.5 metres (14.5 feet) minimum;
l) Ramp access setback from corner/intersection of street lines: 15 metres
(49.2 feet) minimum;
m) Ramp width: 7.5 metres (24.6 feet) minimum; and
n) Interior angle between lot line and centreline of the ramp: between 70 and
90 degrees.
17.3.6 For land abutting a Residential zone or Residential use
Notwithstanding the provisions in subsection 17.3 where an interior side yard
and/or a rear yard abuts a residential zone or any existing residential use then
such interior side yard and/or rear yard shall be a minimum of 10 metres (32.8
feet). The 3 metre (9.8 feet) strip immediately adjacent to the rear and/or interior
side lot line shall be landscaped.
17.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot building, structure or use within the Rural Highway
Commercial Zone (RHC).
17.5
Special Rural Highway Commercial Zones (RHC)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
Zoning By-law 2001-58
138
17.5.1 Special Rural Highway Commercial 1 (RHC-1) Not used
17.5.2 Special Rural Highway Commercial 2 (RHC-2)
Part Lot 26, Concession 3
2811 Black Road
Non-Residential - a commercial garage shall be permitted in addition to all other
permitted Rural Highway Commercial uses.
17.5.3 Special Rural Highway Commercial 3 (By-law 2024-38)
2141 Theater Road
Part of 28, Concession 1
Notwithstanding the uses permitted by Section 17.2.1 of this By-law, on lands
zoned Special Rural Highway Commercial 3 (RHC-3), the only permitted use
shall be a contractor's yard including the storage of bins, construction trucks
and equipment, an administrative office and shop.
All other provisions of this By-law shall apply.
17.5.4 Special Rural Highway Commercial 4 (RHC-4) Not used
17.5.5 Special Rural Highway Commercial-5 (RHC-5)
Part Lot 25, Concession I
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RHC-5 the following special provisions shall apply:
a) Non-Residential - a radio and telecommunication broadcasting station
including all necessary signal towers, office and administrative uses
associated with the broadcasting station shall be the only permitted use on
lands zoned RHC-5.
17.5.6 Special Rural Highway Commercial 6 (RHC-6) Not used
17.5.7 Special Rural Highway Commercial-7 (RHC-7)
Part Lot 3, Concession B
Parts 1-3 on RP 39R-1256, s/e Parts 1 and 2 on RP 39R-2375
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
RHC-7 the following special provisions shall apply:
Zone Regulations
a) Non-Residential-an auction outlet shall be permitted in addition to all other
uses permitted in the Rural Commercial Highway (RHC) Zone.
17.5.8 Special Rural Highway Commercial 8 (RHC-8) By-law 2003-10
Part Lot 3, Concession B
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RHC-8 the following special provision shall apply:
Non-Residential - a mini-storage warehouse and accessory outside storage
For purposes of this By-law, mini-storage warehouse shall be defined as a
building wherein general merchandise, vehicles, furniture and household goods
are stored in separately occupied, secured storage areas or lockers which are
generally accessible by means of individual loading doors. Employees
Zoning By-law 2001-58
139
associated with such use shall be limited to a facility manager and/or security
personnel.
All other provisions of the By-law shall apply.
17.5.9 Special Rural Highway Commercial-9-holding (RHC-9-h)
Part Lot 28, Concession I
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RHC-9-h the following special provisions shall apply.
That Section 17.5.9 be added to the By-law to regulate the use of the land with
respect to the following provisions:
17.5.9.1 Zone Regulations
a) Non-Residential uses permitted:
i.
A business office and or offices;
ii.
A merchandise service shop;
iii.
A nursery;
iv.
A public use;
v.
A restaurant;
vi.
A large format retail store;
vii.
A vehicle sales or rental establishment;
viii.
A gasoline retail facility;
ix.
A home occupation; or
x.
A mini-storage warehouse(s).
For purposes of this By-law, mini-storage warehouse shall be defined as a
building wherein general merchandise, vehicles, furniture and household goods
are stored in separately occupied, secured storage areas or lockers which are
generally accessible by means of individual loading doors.
17.5.9.2 Zone Requirements:
a) Lot coverage - 35% maximum;
b) Interior side yard width - 10.7 metres (35 feet) minimum.
17.5.10 Special Rural Highway Commercial 9B Holding (RHC-9B-H) By-law 2006-29
Part Lot 8, Concession B
Notwithstanding any provisions of this By-law 2001-58 to the contrary, on lands
zoned RHC-9B-H the following special provisions shall apply:
Uses permitted
Convenience retail store - gross floor area (maximum) - 500 square metres
(5380 square feet).
Zoning By-law 2001-58
140
Zone requirements
Development of the lands zoned RHC-9B-H shall not proceed until the 'holding'
(h) symbol has been removed by way of amendment to this by-law in
accordance with the provisions of the Planning Act, R.S.O., 1990. Council may
consider a by-law to remove the 'holding" (h) symbol from the property upon
completion of the following to the satisfaction of Council:
a) A servicing options report detailing the method of sanitary sewage
disposal, water supply and storm water drainage;
b) A detailed site development plan;
c) A site plan agreement prepared in accordance with Section 41 of the
Planning Act, R.S.O., 1990; and
d) A noise assessment report regarding development adjacent to CN/CP rail
lines.
17.5.11 Special Rural Highway Commercial 10 (RHC-10) Not used
17.5.11 Special Rural Highway Commercial 11 (RHC-11) By-law 2010-47
(Part Lot 30, Concession A, being Part 1 on RP 39R-10528)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RHC-11 and shown on Schedule 'A' attached, the following special provisions
shall apply:
In addition to all permitted uses included in Section 17.2 of By-law 2001-58 the
following use shall also be permitted:
a) Personal service shop.
The minimum Lot Frontage and minimum Lot Area shall be as they existed on
the day of passing of this By-law.
All other provisions of this by-law shall apply.
17.5.12 Special Rural Highway Commercial-12 (RHC-12) By-law 2013-55
Part Lot 35, Concession 9
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
RHC-12 and shown on Schedule "A" attached, the following special provisions
shall apply:
a) The following shall be the only Non-Residential uses permitted:
i. A veterinary clinic/hospital;
ii. A business office;
iii. A vehicle sales or rental establishment; or
iv. A greenhouse/nursery or garden centre.
b) The following shall be the only Residential uses permitted:
c) An accessory dwelling house for use by the owner or employee of the
permitted non-residential use.
Zoning By-law 2001-58
141
d) Any use or change of use of the property for any of the above permitted
uses shall be subject to septic system approval in accordance with
Section 5.17 of this by-law.
e) THAT all other provisions of By-law 2001-58 shall apply to the lands
zoned RHC-12
17.5.13 Special Rural Highway Commercial-13 (RHC-13) By-law 2014-25
Part Lot 35, Concession A
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
RHC-13 and shown on Schedule "A" attached, the following special provisions
shall apply:
a) Non-Residential uses permitted: the following shall be the only permitted
non-residential uses:
i. A business office;
ii. A commercial garage;
iii. A retail store; or
iv. A Type 'A' home occupation, in addition to other permitted Highway
Commercial uses.
b) Any use or change of use of the property for any of the above permitted
uses shall be subject to septic system approval in accordance with
Section 5.17 of this By-law.
17.5.14 Special Rural Highway Commercial-14 (RHC-14) By-law 2015-12
Part Lot 26, Concession A
17.5.14.1 Permitted Uses:
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RHC-14 and shown on Schedule "A" attached, the following special
provisions shall apply:
17.5.14.1 A retail store shall be a permitted use within the existing 413.61 square
metres (4484 square feet), single storey building.
17.5.14.2 For purposes of this By-law a retail store shall include the uses as identified
in By-law 2001-53, as amended, together with sales and rental of musical
instruments as well as one-on-one music lessons, and accessory office
space sufficient only to service such store.
17.5.14.3 Development of the Retail Outlet will be subject to Site Plan Control that may
deal with issues such as external lighting, surface treatment of the parking
area, fencing and vegetation buffering, and any other issue deemed
appropriate by the Township.
17.5.15
Special Rural Highway Commercial 15 Holding (RHC 15-H) By-law 2015-48
Part Lot 35, Concession 9 being Part 1 and part of Part 2 on RP 39R-1557,
and
Part Lot 34 Concession 9, including Part 1 and part of Part 2 on RP 39R-
3112, and Parts 3, 4 and 5 on RP 39R-12634.
Zone Requirements
Zoning By-law 2001-58
142
Development of the lands zoned RHC-15-H shall not proceed until the 'holding'
(H) symbol has been removed by way of amendment to this by-law in
accordance with the provisions of the Planning Act, R.S.O., 1990. Council may
consider a by-law to remove the 'holding' (H) symbol from the property upon
completion of the following to the satisfaction of Council:
a) A Servicing Options Report and Hydrogeological Investigation to
determine how the development can be serviced, which may result in the
requirement of a responsibility agreement between the developer and the
township to ensure the long term operation and maintenance of the sewer
and water systems;
b) A Preliminary Stormwater Management Plan to determine any onsite
stormwater storage and treatment facility requirements;
c) A Traffic and Access Impact Assessment to determine the safety of the
access location and impacts on county Road 28 and Rice Lake Drive;
d) An Environmental Impact Study to identify impacts on the Provincially
Significant wetland, the Oak Ridges Moraine, Area of natural and
Scientific Interest (ANSI) and Rice Lake;
e) An Archaeological Study in accordance with the Provincial Policy
Statement to determine any cultural heritage impacts;
f) A detailed site development plan; and
g) A site plan agreement prepared in accordance with Section 41 of the
Planning Act, R.S.O., 1990.
Zoning By-law 2001-58
143
Section 18 - Waterfront/Resort Commercial (WRC)
18.1
Preamble
Within a Waterfront/Resort Commercial Zone (WRC), no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any use
other than as permitted in this section and also such use, building or structure
shall be in accordance with the regulations contained or referred to in this
section.
18.2
Permitted Uses
18.2.1 Permitted Principal Uses
a) An eating establishment;
b) A marina, including a boat sales and service establishment and the sale of
parts and petroleum products incidental thereto;
c) A miniature golf course, driving range or other similar recreationally
oriented use;
d) A public or private park;
e) A resort including a health spa;
f) A tourist accommodation use, including hotels, lodges, tourist homes,
tourist establishments and bed and breakfast establishments; and/or
g) A travel trailer park
18.2.2 Permitted Accessory Uses
a) Accessory building(s) to the above principal uses;
b) A convenience retail store;
c) A gift shop;
d) One accessory dwelling or dwelling unit as an accessory use for the
owner or operator of a principal use, in accordance with the provisions of
Section 5.12; and/or
d) Shipping containers where a building permit has been issued.
18.3
Zone Regulations
18.3.1 For the property
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage (all buildings): 40% maximum;
d) Off-street parking shall be provided in accordance with Section 5.31 and
5.24; and
e) All means of ingress and egress shall have a minimum width of 6 meters
(19.7 feet) and in the case of a corner lot, no means of ingress or egress
Zoning By-law 2001-58
144
shall be located within 15 meters (49.2 feet) of the intersection of the
street lines, or, where a corner is rounded, the points at which the
extended street lines meet.
18.3.2 For Principal Building
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 8 metres (26.2 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and
e) Building Height: 11 metres (36.1 feet) maximum.
18.3.3 For Accessory Buildings
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 1.5 metres (4.9 feet) minimum;
c) Interior Side Setback: 1.5 metres (4.9 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum;
e) Building Height: 4.5 metres (14.8 feet) maximum;
f) Gross Floor Areas shall be:
i.
The minimum gross floor area in accordance with the Ontario
Building Code.
ii.
The maximum gross floor area shall not exceed 98 square metres
(1,055 square feet); and
g) Access to an accessory dwelling unit shall be separate from access to a
commercial use.
18.3.4 For land abutting a Residential zone or Residential use
Notwithstanding the provisions of subsection 18.3, where a rear yard and/or an
interior side yard abuts a residential zone or any existing residential use, then
such interior side yard shall be a minimum of 5 metres (16.4 feet) and such rear
yard shall be a minimum of 10 metres (32.8 feet). The 3 metre (9.8 feet) strip
immediately adjacent to the rear and/or interior side lot lines shall be
landscaped.
Water oriented commercial uses such as marinas or docks shall be located a
minimum of 60 metres (196.9 feet) from the nearest residential zone or use.
18.3.5 Additional Zone Regulations for Marina's
Notwithstanding the provisions of subsection 18.3, a marina use shall be
subject to the following special provisions in addition to all other applicable
provisions of this By-law.
Where a rear yard and interior side yard abuts a navigable body of water, then
such rear yard and/or interior side yard may be reduced to zero metres.
Zoning By-law 2001-58
145
No entrance channel, turning basin, dock or boat mooring area shall be located
closer than 60 metres (196.9 feet) to a residential zone, a residential use or a
street line.
Facilities for the refuelling of marine craft shall be provided at a separate pier or
dock area from boat mooring facilities.
Catwalks shall have a minimum width of 0.6 metres (2 feet) and boat mooring
docks shall have a minimum width of 1.2 metres (3.9 feet).
A minimum of one parking space shall be provided for every two boat slips.
18.3.6 Additional Zone Regulations for a Tent and/or Travel Trailer Park
Notwithstanding the provisions of subsection 18.3, a tent and/or travel trailer
park use shall be subject to the following special provisions in addition to all
other applicable provisions of this By-law:
a) Lot Area: 4.0 hectares (9.9 acres) minimum;
b) Setback from all lot lines (all buildings or structures on a tent or travel
trailer site): 15 metres (49.2 feet) minimum;
c) Setback from centreline of road allowance (all buildings or structures on a
tent or travel trailer site): 25 metres (82.0 feet) minimum;
d) Travel Trailer Park Density: 30 trailers/gross hectare maximum;
e) Travel Trailer Site Area: 100 square metres (1,076.4 square feet)
minimum;
f) Travel Trailer Site Frontage (on internal road system): 6 metres (19.7 feet)
minimum;
g) Building Height: 4.5 metres (14.8 feet) maximum;
h) Number of Travel Trailers (on a Travel Trailer Site): 1 maximum;
i) Lot Coverage: 25% maximum; and
j) No campsite, building or structure, except a marine facility for launching
and/or servicing of boats or a water pump house, is permitted within 50
metres (164 feet) of the highwater mark of any water body.
18.3.7 Additional Zone Regulations for Hotels, Motels and Rental Cabins
a) Lot Area: 2.0 hectares (4.9 acres) minimum;
b) Density: 1 unit/2,000 square metres (21,528.5 square feet) to a maximum
of 50 units maximum; and
c) No campsite, building or structure, except a marine facility for launching
and/or servicing of boats or a water pump house, is permitted within 50
metres (164 feet) of the highwater mark of any water body.
18.4
General Provisions
All other special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land lot, building, structure or use within the
Zoning By-law 2001-58
146
Waterfront/Resort Commercial Zone (WRC).
18.5
Special Waterfront/Resort Commercial Zones (WRC)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
18.5.1 Special Waterfront/Resort Commercial-1 (WRC-1)
The lands subject to this By-law amendment are described as follows:
Part Lot 33, Concession 8
18.5.1.1 Permitted Uses
Notwithstanding the uses permitted in the Waterfront/Resort Commercial Zone,
as amended, within the Waterfront/Resort Commercial Zone WRC-1,
warehouse storage including outside storage, a retail store and service shop
exclusively devoted to sporting goods and gift shop shall be additional permitted
non-residential uses.
For purposes of this By-law the following definitions shall apply:
a) Sporting Goods - shall included but not be limited to camping, hunting,
biking, hiking, archery, skiing.
b) Gift shop - shall mean a building or part of a building where crafts,
souvenirs, gifts or similar items are offered or kept for sale at retail to the
public.
c) Warehouse storage - shall mean an establishment used for storage and
distribution of goods, wares, merchandise, substances, articles or things
any may include an accessory retail use but does not include a cartage or
express truck terminal.
18.5.2 Special Waterfront/Resort Commercial-2 (WRC-2) By-law 2015-18
Part Lot 6, Concession 9
Part 2 on RP 39R-13149
18.5.2.1 Within a WRC-2 Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the
regulations contained or referred to in this section.
a) The following are the only permitted uses in the WRC-2 zone:
i. 1 single detached dwelling as the principal use of the property;
ii. 1 accessory dwelling unit within or attached to the principal use;
iii. 1 seasonal dwelling in the existing cabin with a minimum gross floor
area of 459 square feet (unit 235); and
iv. Accessory building, structure or use to the above uses.
18.5.2.2 Zone Regulations
Zoning By-law 2001-58
147
a) For All Principal Uses:
i. Lot Area (minimum)
0.43 hectares (1.07 acres)
ii. Lot Frontage (minimum)
42.67 metres (140 ft) on CR 18
iii. Gross Floor Area (minimum) 89 square metres (958.0 ft2)
b) For Existing Buildings Not Attached to the Principal Building
(unit 235 and 235A)
i.
Setback from the high-water mark minimum
15.1 m (49.54 ft) to
cabin
ii.
Setback from the top-of-bank as existing on the date of the passage
of this By-law.
That prior to the issuance of any building permits for new construction within
either zone a detailed storm water management plan shall be submitted for
review and found to be satisfactory to the needs of the Township of Hamilton as
per Section 12.4 of the Township Official Plan, being By-law 2003-51 as
amended by By-law 2010-24.
18.5.3 Special Waterfront/Resort Commercial-3 (WRC-3) By-law 2015-18
Part Lot 6, Concession 9
Part 1 on RP 39R-13149
18.5.3.1 Within a WRC-3 Zone, no person shall use any land, erect, alter, enlarge, use
of maintain any building or structure for a use other than as permitted in this
section and also such use, building or structure shall be in accordance with the
regulations contained to in this section.
Permitted Uses
a) The following are the only permitted uses in the WRC-3 zone:
i. 1 single detached dwelling as the principal use of the property;
ii. 1 accessory dwelling unit within or attached to the principal use;
iii. 4 seasonal dwellings in the existing cabins with the respective gross
floor areas of;
- 49.8 square metres (536 square feet) minimum (unit 220);
- 61.3 square metres (660 square feet) minimum (unit 205);
- 46.5 square metres (500 square feet) minimum (unit 195);
- 55.3 square metres (595 square feet) minimum (unit 150);
iv. Accessory building, structure or use to the above uses.
18.5.3.2 Zone Regulations
a) For All Principal Uses:
i.
Lot Area - 1.48 hectares (3.67 acres) minimum;
ii.
Lot Frontage - 94.79 metres (311 feet) on County Road 18 minimum;
Zoning By-law 2001-58
148
iii.
Gross Floor Area - 89 square metres (958.0 square feet) minimum.
b) For Existing Buildings Not Attached to The Principal Building:
Units 205 and 205A:
i.
Setback from the high-water mark - 17.2 metres (56.43 feet) to cabin
minimum;
ii.
Setback from the top-of-bank as existing on the date of the passage
of this By-law.
Unit 195 and 195A:
iii.
Setback from the high-water mark - 7.6 metres (24.93 feet) to cabin
13.1 metres (42.97 feet) to frame shed minimum;
iv.
Setback from the top-of-bank as existing on the date of the passage
of this By-law.
Unit 150:
v.
Exterior Side Yard - 4.5 metres (14.76 feet) to cabin minimum.
That prior to the issuance of any building permits for new construction within
either zone a detailed storm water management plan shall be submitted for
review and found to be satisfactory to the needs of the Township of Hamilton as
per Section 12.4 of the Township Official Plan, being By-law 2003-51 as
amended by By-law 2010-24.
18.5.4 Special Waterfront/Resort Commercial Zone-4 (WRC-4) By-law 2015-47
Part Lot 34 and 35, Concession 9,
Part 1 on RP 39R-304, Parts 1 and 2 on RP 39R-12634 and Part 3 on RP 39R-
13252,
18.5.4 Zone Provisions
18.5.4.1 For the existing development on the land
a) Lot area: 5.5 hectares (13.59 acres) minimum;
b) Lot frontage: 198.12 metres (650 feet) minimum;
c) Setback (all lot lines): As existing on date of this by-law;
d) Density: 30 sites/hectare (12/acre) maximum;
e) Setback of each site from centerline of road As existing on date of this by-
law;
f) Site area: As existing on date of this by-law;
g) Site frontage: As existing on date of this by-law; and
h) Lot Coverage: 25% maximum.
18.5.4.2. Any and all future development on the property must be in compliance with
provisions of Section 18.3 and may be subject to a Site Plan Agreement with
the Township.
18.5.5 Special Waterfront/Resort Commercial Zone-5 (WRC-5) By-law 2021-12
Zoning By-law 2001-58
149
5988 Rice Lake Scenic Drive, Unit 175, Harwood
Pt Lot 5 and 6, Con 9, Part 1 on RP 39R-8726
18.5.5 Zone Provisions
a) Lot area: 0.06 hectares (0.16 acres);
b) Lot frontage: 17.37 metres (57 feet) as per RP 39R-8726:
c) Building setbacks - principal: As existing on date of passage of by-law;
and
d) Building setbacks - accessory: As existing on date of passage of by-law.
18.5.6 Special Waterfront/Resort Commercial Zone-6 (WRC-6) By-law 2024-36
5862 and 5863 Rice Lake Scenic Drive
Part of Lot 7, Concession 9
39R221 Part 1 and 39R529 Part 1
Assessment Roll No. 1419 000 080 26350 0000 & 1419 000 080 26300 0000
Notwithstanding any provision of this By-law to the contrary, on lands zoned
Special Waterfront Resort Commercial 6 (WRC-6) the setback requirements for
buildings existing on the date of passage of this by-law shall be as they existed
on that day.
Notwithstanding any provision of this By-law to the contrary, on lands zoned
Special Waterfront Resort Commercial 6 (WRC-6), a maximum of 2 travel trailer
sites shall be permitted on the property with civic address 5862 Rice Lake
Scenic Drive (assessment roll # 1419 000 080 26350 000) with a minimum
setback of 13.25 metres from the centreline of Rice Lake Scenic Drive (County
Road 18) and a minimum setback of 9.38 metres from the western interior lot
line. No new buildings or structures are permitted within the Northumberland
County Road setback.
Zoning By-law 2001-58
150
Section 19 - Hamlet Commercial (HC)
19.1
Preamble
Within Hamlet Commercial Zone (HC), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than
as permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
19.2
Permitted Uses
19.2.1 Permitted Principal Uses
a) An automobile sales agency;
b) An automobile service station;
c) A bake shop;
d) A public or private park;
e) A bank and/or trust company;
f) A business and/or professional office;
g) A commercial recreational establishment such as a bowling or billiard
establishment or other similar use;
h) A convenience retail store;
i) An eating establishment including a banquet hall;
j) A funeral home;
k) A gift shop;
l) A hotel;
m) A laundry and/or dry cleaning shop;
n) A lawn, garden and farm equipment and supplies sales outlet;
o) A medical clinic;
p) A day nursery;
q) A post office;
r) A private or commercial club;
s) A retail store;
t) A service shop including a personal service shop;
u) A tavern;
v) A theatre, cinema or other place of entertainment; and/or
w) A veterinary clinic
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19.2.2 Permitted Accessory Uses
a) Accessory building(s) to the above principal uses;
b) A public or private parking area, including parking facilities associated with
the principal use(s) permitted above;
c) One dwelling unit in the form of an apartment as an accessory use in
buildings in which commercial uses are permitted, except automobile
service stations or other uses involving the sale of gasoline or other similar
petroleum products, in accordance with the provisions of Section 5.12 and
5.33; and/or
d) Shipping containers where a building permit has been issued.
19.3
Zone Regulations
19.3.1 For the property
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage (all buildings): 40% maximum;
d) Off-street parking shall be provided in accordance with Section 5.35;
e) Off-street loading shall be provided in accordance with Section 5.36; and
f) All means of ingress and egress shall have a minimum width of 6 meters
(19.7 feet) and in the case of a corner lot, no means of ingress or egress
shall be located within 15 meters (49.2 feet) of the intersection of the
street lines, or, where a corner is rounded, the points at which the
extended street lines meet.
19.3.2 For Principal Building (for all uses except an Automobile Service Station)
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 6 metres (19.7 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum;
e) When abutting a residential zone:
i.
Rear Setback: 9 metres (29.5 feet) with 1 metre (3.3 feet) planting
strip adjacent to the lot line minimum; and
ii.
Interior Side Setback: 5 metres (16.4 feet) with 1 metre (3.3 feet)
planting strip adjacent to the lot line minimum; and
f) Building Height: 11 metres (36.1 feet) maximum.
19.3.3 Special Provisions for an Automobile Service Station
a) Lot Frontage: 45 metres (147.6 feet) minimum;
b) Lot Depth: 45 metres (147.6 feet) minimum;
Zoning By-law 2001-58
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c) Front Setback: 15 metres (49.2 feet) minimum;hom
d) Rear Setback: 7.5 metres (24.6 feet) minimum;
e) Interior Side Setback: 3 metres (9.8 feet) minimum;
f) When abutting a residential zone:
i.
Rear Setback: 15 metres (49.2 feet) minimum;
ii.
Interior Side Setback: 15 metres (49.2 feet) minimum;
iii.
Mandatory Open Space: 4.5 metres (14.5 feet); and
g) Exterior Side Setback: 15 metres (49.2 feet) minimum;
h) Lot Coverage: 40% maximum;
i) Building Height: 11 metres (36.1 feet) maximum;
j) Light stands and signs (within any required yard): 2.5 metres (8 feet) from
any street line minimum;
k) Fuel pumps and pump islands (within any required yard): 6 metres (19.7
feet) from any street line minimum;
l) Distance between access ramps: 12 metres (39.4 feet) minimum;
m) Ramp setback from side lot line: 4.5 metres (14.5 feet) minimum;
n) Ramp access setback from corner/intersection of street lines: 15 metres
(49.2 feet) minimum;
o) Ramp width: 7.5 metres (24.6 feet) minimum; and
p) Interior angle between lot line and centreline of the ramp: between 70 and
90 degrees.
19.3.4 For Accessory Buildings
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 1.5 metres (4.9 feet) minimum;
c) Interior Side Setback: 1.5 metres (4.9 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum;
e) Building Height: 4.5 metres (14.8 feet) maximum;
f) Gross Floor Areas shall be:
i.
The minimum gross floor area in accordance with the Ontario
Building Code.
ii.
The maximum gross floor area shall not exceed 98 square metres
(1,055 square feet); and
g) Access to an accessory dwelling unit shall be separate from access to a
commercial use.
Zoning By-law 2001-58
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19.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Hamlet
Commercial Zone (HC).
19.5
Special Hamlet Commercial Zone (HC)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
19.5.1 Special Hamlet Commercial 1 (HC-1)
Part Lot 8, Concession 2
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
HC-1 the following special provisions shall apply:
19.5.1.1 Permitted Uses
a) Non-Residential - a bakery shall be permitted, in addition to other
permitted Hamlet Commercial uses.
19.5.2 Special Hamlet Commercial 2 (HC-2)
Part Lot 8, Concession 2
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
HC-2 the following special provisions shall apply:
19.5.2.1 Permitted Uses
a) Residential:
i. A dwelling house containing a maximum of seven dwelling units shall
be permitted.
b) Non-Residential in addition to other permitted Hamlet Commercial uses:
i. A restaurant;
ii. A public use;
iii. A business office; or
iv. A retail outlet as an accessory to the residential use.
19.5.3 Special Hamlet Commercial 3 (HC-3)
Part Lot 35, Concession 8
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
HC-3 and shown on Schedule 'B' attached, the following special provisions shall
apply:
19.5.3.1 Permitted Uses
a) Non-Residential in addition to other permitted Hamlet Commercial uses:
i. Personal service shop; or
ii. Retail store.
Zoning By-law 2001-58
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19.5.4 Special Hamlet Commercial 4 (HC-4) By-law 2004-46
Part Lot 20, Concession 4
Notwithstanding any provisions of this by-law to the contrary, on lands zone HC-
4 and shown on Schedule "A" attached and forming part of this by-law, the
following special provisions shall apply:
Permitted Uses
- A bake shop;
- A post office;
- A retail store;
- A convenience retail store;
- A service shop including a personal service shop;
- A lawn, garden and farm equipment and supplies sales outlet;
- A business and/or professional office;
- A medical clinic;
- A gift shop;
- A nursery school;
- A veterinary clinic;
- A public or private parking area including parking facilities
associated with the principal use(s) permitted under this section;
- One dwelling or one dwelling unit in the form of an apartment as an
accessory use in buildings in which commercial uses are permitted;
and/or
- A craft shop.
All other provisions of Zoning By-law 2001-58 shall apply.
19.5.5A Special Hamlet Commercial 5A H (HC-5A-H) By-law 2009-23
Part Lot 13 and 14, Concession 1
a) Notwithstanding Section 19.2 of By-law 2001-58 to the contrary the only
uses permitted on lands zoned HC-5 shall be the following:
i.
A bake shop;
ii.
A post office;
iii.
A retail store;
iv.
A retail landscaping and garden supply centre;
v.
A convenience retail store;
vi.
A service shop including a personal service shop;
vii.
A lawn, garden and farm equipment supply sales outlet;
viii.
A supermarket; [defined in Sec. e below];
ix.
A home improvement centre; [defined in Sec. f below];
x.
A laundry and/or dry cleaning shop;
xi.
An eating establishment including a banquet hall;
xii.
A bank and/or trust company;
xiii.
A business and/or professional office;
xiv.
A theatre or cinema;
xv.
A commercial recreational establishment such as a bowling or
billiard establishment or other similar use;
xvi.
A funeral home;
xvii.
A medical clinic;
xviii.
A private or commercial club;
xix.
A gift shop;
xx.
A nursery school;
xxi.
A veterinary clinic;
xxii.
A public or private parking area, including parking facilities
associated with the principal use(s) permitted under this section;
Zoning By-law 2001-58
155
xxiii.
An automobile service station;
xxiv.
An automobile sales agency;
xxv.
A warehouse;
xxvi.
A tavern;
xxvii.
A hotel;
xxviii.
One accessory dwelling unit; and/or
xxix.
An accessory building or use to the above uses
b) Notwithstanding Section 5.31.2 xvii) and Section 19.3 to the contrary, no
building, structure or parking area shall be located closer than 10 metres
(33 feet) to a residential zone. The 10 metre (33 feet) wide area shall be
landscaped in accordance with an approved Site Plan prior to
development.
c) The maximum combined gross floor area permitted for retail commercial
uses in the HC-5-H Zone shall be 0.14 hectares (0.34 acres). For
purposes of this section, a retail commercial use shall include the following
uses listed in Section 19.5.5a) i), iii), v), vii, viii), ix), xix).
d) For purposes of this By-law a "Warehouse" shall mean a building or
structure or part thereof used for the storage and distribution of goods,
wares, merchandise, substances, articles or things and may include an
accessory retail use provided that the retail component occupies less than
15% of the gross floor area of the warehouse use, but does not include a
cartage or express truck terminal.
e) For purposes of this By-law a "Supermarket" shall mean an establishment
primarily engaged in retailing a balanced line of food, such as canned, dry
and frozen foods; fresh fruits and vegetables; fresh and prepared meats;
fish, poultry, dairy products, baked products and snack foods. These
establishments also typically retail a limited line of non-food household
products, such as household paper products, toiletries and non-
prescription drugs."
f) For purposes of this by-law a "Home Improvement Centre" shall mean a
building, structure or part thereof in which home building/design and
garden products and the provision of related services are offered for sale.
Goods offered for sale may include but are not limited to lumber, lighting,
electrical and plumbing supplies, hardware, flooring, window coverings,
roofing materials, paint/wallpaper, furniture and appliances, seasonal
items, lawn and garden supplies, flowers and plants, shrubs, trees or
similar vegetation.
g) The retail landscaping and garden supply centre shall not include any
permanent buildings or structures and shall be limited to the retail sale of
finished product only.
h) Notwithstanding Section 19.3, the maximum building height in the Special
Hamlet Commercial-5A (HC-5A-H) Holding Zone shall be 8 metres (26.2
feet).
All other provisions of the Hamlet Commercial (HC) Zone shall apply.
19.5.5.2 Removal of the Holding - H Symbol
a) That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-
9-H and HC-5A-H shall not proceed until such time as the "H" symbol has
been removed in accordance with the provisions of the Planning Act. The
"H" Holding symbol may be removed following completion of the following:
Zoning By-law 2001-58
156
b) A Site Plan and Site Plan Agreement has been entered into between the
developer and the Township in accordance with the provisions of the
Planning Act. The Site Plan and Site Plan Agreement shall address,
where appropriate, such issues as access, traffic impact, site grading and
drainage, site servicing, landscaping, lighting, fencing, waste
management, emergency access, market impact study (if required) and
any other matters provided for in the Township Site Plan Control By-law
and Section 41 of the Planning Act.
c) That Zoning By-law No. 2001-58 is hereby amended to give effect to the
foregoing and that Zoning By-law No. 2001-58, as otherwise amended,
shall in all other respects remain in full force and effect save as it may
otherwise be amended or hereinafter dealt with.
19.5.5B Special Hamlet Commercial 5B (HC-5B) By-law 2010-14
Part Lot 34, Con 8
Part Lots 1 and 3 in Block I on Registered Plan 30,
Parts 1 and 2 on RP 39R-12176
7147 Lake St., Bewdley
19.5.5B Zone Regulations
a) For All Principal Buildings or Uses Except an Automobile Service Station:
i.
Lot area - 0.145 acres;
ii.
Lot frontage - 20.93 metres (68.66 feet);
iii.
Rear setback as illustrated on RP 39R-12176;
iv.
Interior side setback as illustrated on RP 39R-12176; and
v.
Off-street parking - 0
19.5.6 Special Hamlet Commercial-6 (HC-6) zone not used
19.5.7 Special Hamlet Commercial 7 (HC-7) By-law 2012-29
Part Lot 20, Concession 4
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
HC-7 and shown on Schedule "A" attached, the following special provisions
shall apply
19.5.7
a) Zone Regulations
i.
Lot Area - 0.2 hectares (0.5 acres) minimum;
ii.
Lot Frontage - 42.36 meters (139 feet) minimum; and
iii.
Front Yard - 5.4 meters (18 feet) minimum.
b) Permitted Uses
i.
A bake shop;
ii.
A post office;
iii.
A retail store;
iv.
A convenience retail store;
v.
A service shop including a personal service shop;
vi.
A lawn, garden and farm equipment and supplies sales outlet;
vii.
A laundry and/or dry cleaning shop
Zoning By-law 2001-58
157
viii.
An eating establishment including a banquet hall;
ix.
A tavern;
x.
A hotel;
xi.
A bank and/or trust company;
xii.
A business and/or professional office;
xiii.
A theatre, cinema or other place of entertainment;
xiv.
A commercial recreational establishment such as a bowling or billiard
establishment or other similar use;
xv.
A funeral home;
xvi.
A medical clinic;
xvii.
A private or commercial club;
xviii.
A gift shop;
xix.
A day nursery;
xx.
A veterinary clinic;
xxi.
A public or private parking area, including parking facilities
associated with the principal use(s) permitted in this section;
xxii.
An automobile service station;
xxiii.
An automobile sales agency;
xxiv.
An accessory building or use to the above; or
xxv.
One dwelling unit in the form of a single detached residential
dwelling.
No other accessory dwelling units shall be permitted.
Although a range of uses are permitted on the property, the existing and
proposed use of the lands for a professional office and single detached dwelling
shall not change without a review of the technical issues surrounding a change
of use such as, but not limited to servicing, access, drainage, parking and other
Zoning By-law provisions. Site Plan Approval will be required should a change
of use is proposed.
c) Parking Provisions
i.
Dwelling unit - 1 parking space per dwelling unit
Zoning By-law 2001-58
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Section 20 - Rural Industrial (RI)
20.1
Preamble
Within a Rural Industrial Zone (RI), no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
20.2
Permitted Uses
20.2.1 Permitted Principal Uses
a) An agricultural equipment supply and repair outlet;
b) Any cartage, express or truck terminal;
c) Any manufacturing, processing or warehousing undertaking including
storage warehousing, canning factory and cheese factory;
d) An assembly operation;
e) An automobile body shop;
f) An automobile service station;
g) A bulk storage yard;
h) A contractor's yard;
i) A factory outlet;
j) A feed and seed mill;
k) A lumber mill, sawmill and a planning mill;
l) A machine shop;
m) A merchandising service shop;
n) A research facility;
o) A wayside pit or quarry; and/or
p) A welding shop
20.2.2 Permitted Accessory Uses
a) An accessory building or use to the above uses including a bank, a
cafeteria and a retail outlet for purposes of selling goods manufactured,
stored and/or assembled on the premises, provided such outlet is part of
the principal building, and occupies not more than 5% of the gross floor
area of the principal building;
b) An accessory dwelling or dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.12;
c) Any business or professional office accessory to a permitted industrial use
including a union hall;
d) Outside storage uses; and/or
Zoning By-law 2001-58
159
e) Shipping containers where a building permit has been issued.
20.3
Zone Regulations
20.3.1 For the property
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage: 40% maximum;
d) Building Height: 15 metres (49.2 feet) maximum;
e) Off-street parking shall be provided in accordance with Section 5.31;
f) Off-street loading shall be provided in accordance with Section 5.24; and
g) A sight triangle of 15 metres (49.2 feet) minimum hall be provided on a
corner lot.
20.3.2 For Principal Building (for all uses except an Automobile Service Station)
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 8 metres (26.2 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum;
e) When abutting a residential zone or use:
i.
Rear Setback: 22 metres (72.2 feet) minimum; and
ii.
Interior Side Setback: 22 metres (72.2 feet) minimum; and
f) Building Height: 15 metres (49.2 feet) maximum.
20.3.3 Special Provisions for an Automobile Service Station
a) Lot Frontage: 45 metres (147.6 feet) minimum;
b) Lot Depth: 45 metres (147.6 feet) minimum;
c) Front Setback: 15 metres (49.2 feet) minimum;
d) Rear Setback: 7.5 metres (24.6 feet) minimum;
e) Interior Side Setback: 3 metres (9.8 feet) minimum;
f) When abutting a residential zone:
i.
Rear Setback: 22 metres (72.2 feet) minimum;
ii.
Interior Side Setback: 22 metres (72.2 feet) minimum;
iii.
Mandatory Open Space: 4.5 metres (14.5 feet) minimum and
g) Exterior Side Setback: 15 metres (49.2 feet) minimum;
Zoning By-law 2001-58
160
h) Lot Coverage: 40% maximum;
i) Building Height: 11 metres (36.1 feet) maximum;
j) Light stands and signs (within any required yard): 2.5 metres (8 feet) from
any street line minimum;
k) Fuel pumps and pump islands (within any required yard): 6 metres (19.7
feet) from any street line minimum;
l) Distance between access ramps: 12 metres (39.4 feet) minimum;
m) Ramp setback from side lot line: 4.5 metres (14.5 feet) minimum;
n) Ramp access setback from corner/intersection of street lines: 15 metres
(49.2 feet) minimum;
o) Ramp width: 7.5 metres (24.6 feet) minimum; and
p) Interior angle between lot line and centreline of the ramp: between 70 and
90 degrees.
20.3.4 Open Storage uses shall be set back in accordance with the minimum yard
provisions set out in this subsection and where accessory to a principal Rural
Industrial use, no open storage use shall be permitted in any front or exterior
side yard.
20.3.5 For Lands Abutting A Public or Private Road Allowance or Opposite a
Residential Zone
Where any lot line in a Rural Industrial (RI) Zone abuts a public or private road
allowance or where the lot on the opposite side of a street or a public or private
road allowance is in a residential zone, a buffer planting strip adjoining such
abutting lot line shall be provided on the Rural Industrial (RI) Zone lot, subject to
the following:
a) Contents
The buffer/planting strip shall consist of an earth berm and/or a continuous
unpierced hedgerow of tree, evergreens or shrubs, not less than 2.0
metres (6.6 feet) high and 3 metres (9.8 feet) wide immediately adjoining
the lot line or portion thereof along which such planting strip is required.
The earth berm shall not be greater than a 3:1 slope.
b) Maintenance
A buffer/planting strip shall be planted, nurtured and maintained by the
owner or owners of the lot on which the strip is located.
c) Landscaped Open Space
A buffer/planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
d) Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend through
a buffer/planting strip or it shall be permissible to interrupt the strip within
3.0 metres (9.8 feet) of the edge of such driveway or within 1.5 metres
(4.9 feet) of the edge of such walk.
Zoning By-law 2001-58
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20.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Rural Industrial
Zone (RI).
20.5
Special Rural Industrial Zones (RI)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
20.5.1 Special Rural Industrial 1 (RI-1)
Part Lot 31, Concession 6
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RI-1, the following special provisions shall apply:
a) Residential - the minimum lot coverage requirement of 464.5 square
metres (5,000 square feet) shall not apply.
20.5.2 Special Rural Industrial 2 (RI-2)
Part Lot 13 and 14, Concession 3
In addition to those uses permitted in Section 20.2, the following uses shall be
permitted on lands zoned RI-2
a) An asphalt plant,
b) A ready-mix concrete plant,
c) An aggregate transfer station.
20.5.3 Special Rural Industrial 3 (RI-3)
Part Lot 14, Concession 2
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
RI-3, the following special provisions shall apply:
Permitted Uses
i. Outdoor storage uses;
ii. A contractor's yard;
iii. A bulk storage yard;
iv. A wholesale building supply outlet;
v. A commercial garage; or
vi. A farm supply dealer.
a) Zone Provisions
i. Interior Side Yard 7.62 metres (25 feet) minimum.
20.5.4 Special Rural Industrial 4 (RI-4)
Part Lot 14, Concession 2
Zoning By-law 2001-58
162
Notwithstanding Section 20.2 (Permitted Uses) of this By-law to the contrary,
the permitted uses on lands zoned RI-4 shall be limited to the following:
a) Permitted Uses:
i. An automobile body shop;
ii. A building supply outlet;
iii. A commercial garage;
iv. A contractor's yard;
v. A manufacturing use that existed on August 7, 1974;
vi. A farm supply dealer;
vii. A public use;
viii. A radiator sales and service shop; or
ix. A warehouse.
b) Zone Regulations:
i. Interior Side Yard - 7.62 metres (25 feet) minimum.
20.5.5 Special Rural Industrial-5 (RI-5)
Part Lot 16, Concession 7
That Section 20.5.5.1 be added.
a) Non-Residential
i. A vehicle sales and rental establishment
ii. An accessory business office
Shall be permitted in addition to all other uses permitted in the Rural Industrial
(RI) Zone.
20.5.6 Special Rural Industrial-6 (RI-6)
Part Lot 27, Concession 'A'
County Road 2 West
a) Non-Residential
i. An automobile sales agency; or
ii. An establishment for the sale, service, storage or repair of small
internal combustion engines such as snowmobiles, outboard
motors, lawnmowers; an establishment for the sales and service of
motorcycles, snowmobiles, boats and machinery sales including
the sale of parts and petroleum products incidental thereto.
By-law 2004-20 reads:
Notwithstanding the permitted uses of Section 20.2, within the Special Rural
Industrial 6 (RI-6) Zone the following additional uses are permitted:
An automobile sales agency;
Zoning By-law 2001-58
163
An establishment for the sale, service, storage or repair of small internal
combustion engines such as snowmobiles, outboard motors, lawnmowers;
An establishment for the sale and service of motor cycles, snowmobiles, boats
and machinery sales including the sale of parts and petroleum products
incidental thereto.
Zoning By-law 2001-58
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Section 21 - Hamlet Industrial (HI)
21.1
Preamble
Within a Hamlet Industrial Zone (HI), no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
21.2
Permitted Uses
21.2.1 Permitted Principal Uses
a) Any manufacturing, processing or warehousing undertaking including
storage warehousing, canning factory and cheese factory;
b) An automobile repair garage;
c) A merchandising service shop; and/or
d) A research facility.
21.2.2 Permitted Accessory Uses
a) An accessory building or use to the above uses including a retail outlet for
purposes of selling goods manufactured, stored and/or assembled on the
premises, provided such outlet is part of the principal building, and
occupies not more than five (5) percent of the gross floor area of the
principal building;
b) An accessory dwelling or dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.12;
c) Any business or professional office accessory to a permitted industrial
use;
d) Any yard for the open or concealed storage of goods or materials; and/or
e) Shipping containers where a building permit has been issued.
21.3
Zone Regulations
21.3.1 For the property
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage: 40% maximum;
d) Building Height: 15 metres (49.2 feet) maximum;
e) Off-street parking shall be provided in accordance with Section 5.31;
f) Off-street loading shall be provided in accordance with Section 5.24; and
g) A sight triangle of 15 metres (49.2 feet) minimum hall be provided on a
corner lot.
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21.3.2 For Principal Building
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 8 metres (26.2 feet) minimum;
c) Interior Side Setback: 3 metres (9.8 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and
e) When abutting a residential zone or use;
i.
Rear Setback: 22 metres (72.2 feet)* minimum; and
ii.
Interior Side Setback: 22 metres (72.2 feet)* minimum.
The area between the principal building and the rear and/or side lot line shall be
maintained in an open space condition and the open storage of goods or
materials shall not be permitted within this area.
21.3.3 For Accessory Buildings
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 1.5 metres (4.9 feet) minimum;
c) Interior Side Setback: 1.5 metres (4.9 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and
e) Building Height: 4.5 metres (14.8 feet) maximum.
21.3.4 For Lands Abutting a Public or Private Road Allowance or Opposite a
Residential Zone
Where any lot line in a Hamlet Industrial (HI) Zone abuts a public or private road
allowance or where the lot on the opposite side of a street or a public or private
road allowance is in a residential zone, a buffer planting strip adjoining such
abutting lot line shall be provided on the Hamlet Industrial (HI) Zone lot, subject
to the following:
a) Contents
The buffer/planting strip shall consist of an earth berm and/or a continuous
unpierced hedgerow of tree, evergreens or shrubs, not less than 2.0 metres (6.6
feet) high and 3 metres (9.8 feet) wide immediately adjoining the lot line or
portion thereof along which such planting strip is required. The earth berm shall
not be greater than a 3:1 slope.
b) Maintenance
A buffer/planting strip shall be planted, nurtured and maintained by the owner or
owners of the lot on which the strip is located.
c) Landscaped Open Space
A buffer/planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
d) Interruption for Driveways or Pedestrian Walks
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In all cases where ingress and egress driveways or walks extend through a
buffer/planting strip or it shall be permissible to interrupt the strip within 3.0
metres (9.8 feet) of the edge of such driveway or within 1.5 metres (4.9 feet) of
the edge of such walk.
21.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Hamlet Industrial
Zone (HI).
21.5
Special HI - Hamlet Industrial Zones (HI)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
21.5.1 Special Hamlet Industrial 1 (HI-1)
Part Lot 8, Concession 2
a) Residential
i. No residential uses shall be permitted.
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Section 22 - Mineral Extractive "A" (MXA)
22.1
Preamble
Within a Mineral Extractive "A" Zone (MXA), no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure shall
be in accordance with the regulations contained or referred to in this section.
22.2
Permitted Uses
22.22.1 Permitted Principal Uses
a) A pit or quarry which produces less than 20,000 metric tonnes per year
(22,046 tons/year);
b) Asphalt plants, ready-mix concrete plants and aggregate transfer stations;
c) Open space, conservation, forestry and agricultural uses;
d) The processing of mineral aggregates, including aggregate crushing,
screening and washing; and/or
e) A wayside pit or quarry.
22.2.2 Permitted Accessory Uses
a) A single detached dwelling accessory to an agricultural use;
b) Accessory buildings or uses to the above uses; and/or
c) Shipping containers where a building permit has been issued.
22.3
Zone Regulations
22.3.1 For Excavation Area
a) Front Setback: 30 metres (98.4 feet) minimum;
b) Rear Setback: 15 metres (49.2 feet) minimum;
c) Interior Side Setback: 15 metres (49.2 feet) minimum;
d) Exterior Side Setback: 30 metres (98.4 feet) minimum;
e) Setback from any road right-of-way: 30 metres (98.4 feet) minimum;
f) Setback from natural water course: 30 metres (98.4 feet) minimum; and
g) Setback from residential, commercial, community facility of industrial zone
or use: 30 metres (98.4 feet) minimum.
22.3.2 For Processing Operations, Storage, Stockpiling or Buildings
a) Front Setback: 30 metres (98.4 feet) minimum;
b) Rear Setback: 30 metres (98.4 feet) minimum;
c) Interior Side Setback: 30 metres (98.4 feet) minimum;
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d) Exterior Side Setback: 30 metres (98.4 feet) minimum;
e) Setback from and road right-of-way: 30 metres (98.4 feet) minimum;
f) Setback from natural water course: 30 metres (98.4 feet) minimum; and
g) Setback from residential, commercial, community facility of industrial zone
or use: 90 metres (295.3 feet) minimum.
22.3.3 For Conservation, Forestry and Agricultural Uses
a) The zone regulations contained in Section 7 of this By-law shall apply.
22.3.4 For Open Space Uses
a) The zone regulations contained in Section 26 of this By-law shall apply.
22.3.5 Landscaping
a) All yards within the setbacks for Excavation Areas and Processing
Operations, Storage, Stockpiling or Buildings above shall be reserved for
landscaping purposes. Notwithstanding, these yards may contain berms
that are intended to screen adjacent lands from the extractive operations.
22.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply where
applicable to any land, lot, building, structure, or use within the Mineral
Extractive "A" Zone (MXA).
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Section 23 - Mineral Extractive "B" (MXB)
23.1
Preamble
Within a Mineral Extractive "B" Zone (MXB), no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure shall
be in accordance with the regulations contained or referred to in this section.
23.2
Permitted Uses
23.2.1 Permitted Principal Uses
a) A pit or quarry which produces less than 20,000 metric tonnes per year
(22,046 tons/year);
b) Asphalt plants, ready-mix concrete plants and aggregate transfer stations;
c) Open space, conservation, forestry and agricultural uses;
d) The processing of mineral aggregates, including aggregate crushing,
screening and washing; and/or
e) A wayside pit or quarry.
23.2.2 Permitted Accessory Uses
a) A single detached dwelling accessory to an agricultural use;
b) Accessory buildings or uses to the above uses; and/or
c) Shipping containers where a building permit has been issued.
23.3
Zone Regulations
23.3.1 For Excavation Area and Storage Uses
a) Front Setback: 30 metres (98.4 feet) minimum;
b) Rear Setback: 15 metres (49.2 feet) minimum;
c) Interior Side Setback: 15 metres (49.2 feet) minimum;
d) Exterior Side Setback: 30 metres (98.4 feet) minimum;
e) Setback from any road right-of-way: 30 metres (98.4 feet) minimum;
f) Setback from natural water course: 30 metres (98.4 feet) minimum; and
g) Setback from residential, commercial, community facility of industrial zone
or use: 30 metres (98.4 feet) minimum.
23.3.2 For Open and Enclosed Pit or Quarry Processing Operations
a) Front Setback: 30 metres (98.4 feet) minimum;
b) Rear Setback: 15 metres (49.2 feet) minimum;
c) Interior Side Setback: 15 metres (49.2 feet) minimum;
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d) Exterior Side Setback: 30 metres (98.4 feet) minimum;
e) Setback from and road right-of-way: 30 metres (98.4 feet) minimum;
f) Setback from natural water course: 30 metres (98.4 feet) minimum; and
g) Setback from residential, commercial, community facility of industrial zone
or use: 90 metres (295.3 feet) minimum.
23.3.3 For Accessory Buildings to Quarry Operations
a) All yards: 30 metres (98.4 feet) minimum;
b) Setback from any road right-of-way: 30 metres (98.4 feet) minimum;
c) Setback from natural water course: 30 metres (98.4 feet) minimum; and
d) Setback from residential, commercial, community facility of industrial zone
or use: 90 metres (295.3 feet) minimum.
23.3.4 For Conservation, Forestry and Agricultural Uses
a) The zone regulations contained in Section 7 of this By-law shall apply.
23.3.5 For Open Space Uses
a) The zone regulations contained in Section 26 of this By-law shall apply.
23.3.6 Landscaping
a) All yards within the setbacks for Open and Enclosed Pit or Quarry
Operations and Accessory Building to Quarry Operations above shall be
reserved for landscaping purposes. Notwithstanding, these yards may
contain berms that are intended to screen adjacent lands from the
extractive operations.
23.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply where
applicable to any land, lot, building, structure, or use within the Mineral
Extractive "B" Zone (MXB).
23.5
Special Mineral Extractive "B" Zones (MXB)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
20.5.3 Special Mineral Extractive B 1 (MXB-1) Zone
Part Lots 13 and 14, Concession 3
a) Permitted Uses
i. In addition to the uses permitted in Section 23.2, a contractor's yard
may be permitted.
b) Zone Regulations
ii. In addition, the minimum side yard setback on the west property line
may be reduced to 3 metres (9.8 feet).
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Section 24 -Waste Disposal (WD)
24.1
Preamble
Within a Waste Disposal Zone (WD), no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure of any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
24.2
Permitted Uses
24.2.1 Permitted Principal Uses
a) Agricultural, open space, conservation and forestry uses, excluding
dwellings;
b) A salvage yard;
c) A sanitary landfill site;
d) A sewage lagoon;
e) A sewage treatment plant;
f) A waste processing facility including the recycling and processing of waste
materials into new products; and/or
g) A waste transfer station.
24.2.2 Permitted Accessory Uses
a) Accessory buildings or uses to the above uses; and/or
b) Shipping containers where a building permit has been issued.
24.3
Zone Regulations
24.3.1 For Agricultural, Conservation and Forestry Uses
a) The zone regulations of Section 7 of this By-law shall apply.
24.3.2 For Open Space Uses
a) The zone regulations of Section 26 of this By-law shall apply.
24.3.3 For a Salvage Yard
a) No land shall be used for the storage or mechanized processing of goods,
wares, merchandise, articles or things within 300 metres (984.3 feet) of
any residential or commercial zone or use, nor closer than 100 metres
(23,294.0 feet) to a lot line or a street line. Without limiting the generality of
this subsection, mechanized processing includes the use of machinery or
equipment to crush, compact, separate, refine, incinerate or similarly treat
goods, wares, merchandise, articles or things;
b) A strip of land not less than 15 metres (49.2 feet) in width shall be
reserved for landscaping purposes between any salvage yard site and any
adjacent community facility, commercial or industrial zone or use, and
along any adjacent street line or adjoining lot line. Where a salvage yard
site abuts a residential zone or use or a roadway is the only separation
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between two such areas, then no salvage yard use of any kind shall be
made within 30 metres (98.4 feet) of the adjacent lot line. The land
reserved for landscaping purposes shall be kept in an open space
condition with grass, trees and shrubs and maintained as part of the
normal operation of the salvage yard activity;
c) The salvage yard site shall be sufficiently screened by a fence, a berm or
a combination of the two so that waste materials being stored or
processed on the site are not visible from adjacent roads. The screening
shall extend a minimum of 3 metres (9.8 feet) above grade or to a height
equal to that of the goods, wares, merchandise, articles or things being
stored or processed within the salvage yard site, whichever is the greater.
All fences shall be constructed of an opaque material and shall be painted
or otherwise preserved and kept painted from time to time, to maintain the
fences in good condition;
d) An accessory weighing scale and recording office shall be permitted no
closer than 30 metres (98.4 feet) to a street line;
e) A salvage yard site shall not be located on land covered by water or
subject to flooding and shall be so located that no direct drainage leads to
a watercourse;
f) No open burning shall be permitted; and
g) Prior to the storage or processing of any goods, wares, merchandise,
articles or things all fluids shall be drained and disposed of in a manner
approved by the Ministry of the Environment if they are not stored for the
purposes of resale.
24.3.4 For All Other Waste Disposal Uses
a) No person, including the Township of Hamilton, shall establish, alter,
enlarge or extend a sanitary landfill site, a sewage treatment plant, a
sewage lagoon, a transfer station, or a waste processing facility unless a
Provincial Certificate of Approval has been issued by the Ministry of the
Environment and Energy;
b) All waste disposal sites shall be established and operated in accordance
with the requirements of the Environmental Protection Act and the
Environmental Assessment Act; and
c) A strip of land not less than 15 metres (49.2 feet) in width shall be
reserved for landscaping purposes between any sanitary landfill site,
sewage treatment plant, sewage lagoon, transfer station or waste
processing facility and any adjacent commercial, community facility or
industrial zone or use and along any adjacent street line or adjoining lot
line. Where such uses abut a residential zone or an existing residential
use or a roadway is the only separation between two such areas, then no
waste disposal use shall be made of any kind within 30 metres (98.4 feet)
of the abutting lot line. The land reserved for landscaping purposes shall
be kept in an open space condition with grass, trees, and shrubs and
maintained as part of the normal operation of the waste disposal activity.
24.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Waste Disposal
Zone (WD).
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Section 25 -Community Facility (CF)
25.1
Preamble
Within a Community Facility Zone (CF), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than
as permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
25.2
Permitted Uses
25.2.1 Permitted Principal Uses
a) A cemetery;
b) A commercial or private club;
c) A community centre;
d) A group home, in accordance with the provisions of Section 5.16 of this
By-law;
e) A library;
f) A day nursery;
g) A nursing home;
h) A place of worship with accessory uses including a cemetery and a
dwelling unit;
i) A public or private hospital;
j) A public park;
k) A school;
l) Any undertaking established or maintained by a government board,
authority, agency or commission;
m) Any undertaking of a utility company, such as a natural gas company or
telephone company; and/or
n) Any other institutional or community facility use.
25.2.2 Permitted Accessory Uses
a) An accessory building or use to the above uses.
25.3
Zone Regulations
25.3.1 For the property
a) Lot Area: 4,000 square metres (0.99 acres) minimum;
b) Lot Frontage: 45 metres (147.6 feet) minimum;
c) Lot Coverage: 40% maximum;
d) Building Height: 15 metres (49.2 feet) maximum;
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e) Off-street parking shall be provided in accordance with Section 5.31;
f) Off-street loading shall be provided in accordance with Section 5.24; and
g) A sight triangle of 15 metres (49.2 feet) minimum hall be provided on a
corner lot.
25.3.2 For Principal Building
a) Front Setback: 10 metres (32.8 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Side Setback: 7.5 metres (24.6 feet) minimum;
d) Exterior Side Setback: 10 metres (32.8 feet) minimum;
e) When abutting a residential zone or use:
i. Rear Setback: 15 metres (49.2 feet)* minimum; and
ii. Interior Side Setback: 10 metres (32.8 feet)* minimum.
The 1 metre (3.3 feet) strip immediately adjacent to the rear yard and/or interior
side yard abutting a residential zone or residential use shall be landscaped
and/or a fence shall be erected on the property line. The nature and extent of
landscaping and/or fencing shall be determined through Site Plan Approval.
25.3.3 For Accessory Buildings
a) Front Setback: 8 metres (26.2 feet) minimum;
b) Rear Setback: 1.5 metres (4.9 feet) minimum;
c) Interior Side Setback: 1.5 metres (4.9 feet) minimum;
d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and
e) Building Height: 4.5 metres (14.8 feet) maximum
25.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Community
Facility Zone (CF).
25.5
Special Community Facility Zones (CF)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
25.5.1 Special Community Facility 1 (CF-1)
Part Lot 19, Concession 1
a) Non-Residential
i.
A day nursery shall be a permitted use.
25.5.2 Special Community Facility 2 (CF-2)
Part Lot 6, Concession 8
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a) Residential uses
i. No residential uses shall be permitted.
b) Non-residential uses
i. An existing cemetery (4.9 metres x 6.7 metres) (16 feet x 22 feet)
shall be permitted.
25.5.3 Special Community Facility 3 (CF-3) By-law 2005-23
Part Lot 15/16, Concession 1
Danforth Road
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
CF-3 and shown on Schedule "A" attached, the following special provision shall
apply:
a) Residential - 1 accessory dwelling unit (one bedroom)
b) Non-Residential uses
i. A nursery school in addition to all other uses permitted in the
Community Facility (CF) zone.
25.5.4 Special Community Facility 4 (CF-4)
Part Lot 34, Concession 8
a) Zone Regulations
i. Interior Side Yard - 2.5 metres (8.2 feet) minimum;
ii. Exterior Side Yard - 2.5 metres (8.2 feet) minimum;
iii. Rear Yard - 2.5 metres (8.2 feet) minimum.
25.5.5 Special Community Facility-5 (CF-5) By-law 2017-47
Part of Lot 19 in Concession 1, Hamilton Township
Part 1 on RP 39R-13697
25.5.5 Zone Provisions
1. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) The use of a Hospice Palliative Care Facility shall be added to the
permitted uses.
b) The development of a Hospice Palliative Care Facility shall be subject to
the completion of a Site Plan Agreement with the Township.
c) The definition of Hospice Palliative Care Facility shall be:
"A facility that offers a program designed to provide palliative care and
emotional support to the terminally ill and their significant others, at no cost to
the user, in a home or homelike setting so that quality of life is maintained and
family members may be participants in care. Such a facility is a health care
facility and shall be part of a registered charity. It may be located in a free-
standing building or co-located in another healthcare setting. It shall be
operated within the parameters of the overarching Ministry of Health and Long
Term Care (MOHLTC) palliative care plan where patients will receive palliative
Zoning By-law 2001-58
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care expertise 24 hours a day, 7 days a week delivered by an interprofessional
team."
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Section 26 -Open Space (OS)
26.1
Preamble
Within an Open Space Zone (OS), no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
26.2
Permitted Principal Uses
a) A fairground;
b) A public or private park, conservation area, playground, playing field,
recreational trail, swimming pool, wading pool, beach, picnic area,
bandstand, skating rink, tennis court, bowling green, golf course or other
similar outdoor recreational uses, both passive and active;
c) A tent and/or travel trailer park, in accordance with the provisions of
subsection 26.3 below;
d) A woodlot;
e) Agricultural uses but not intensive agricultural uses; and/or
f) Open space and conservation uses including forestry, reforestation and
other activities connected with the conservation of soil and wildlife.
26.2.2 Permitted Accessory Uses
a) An accessory dwelling or dwelling unit for a caretaker or security guard in
accordance with the provisions of Section 5.12 of this By-law; and/or
b) An accessory building or use to the above uses including an accessory
commercial building or use to serve an open space use
26.3
Zone Regulations
26.3.1 For all uses except a Tent and/or Travel Trailer Park
a) Setback (from all lot lines): 10 metres (32.8 feet) minimum;
b) Setback (from centreline of any road): 30 metres (98.4 feet) minimum;
c) Lot Coverage: 50% maximum; and
d) Building Height: 6 metres (19.7 feet) minimum.
26.3.2 For Tent and/or Travel Trailer Park
a) The applicable provisions of Section 16 of this By-law shall apply
26.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Open Space
Zone (OS).
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26.5
Special Open Space Zones (OS)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
26.5.1 Special Open Space-1 (OS-1)
Part Lots 3, 4 and 5, Concession B
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
OS-1 and shown on Schedule 'I' attached, the following special provisions shall
apply:
That Section 26.5.1 be added.
a) Non-Residential
i. A private camp, of which the main uses shall consist of seasonal
accommodation in the form of cabins and trailers, an auditorium, a
church, an accessory dwelling house and a retail store for the use of
the occupants only of the private camp, in accordance with the OS
Zone provisions and the following special provisions:
b) Zone Regulations
i. Lot Area - 28.3 hectares (70 acres) minimum;
ii. Water Setback - 15.2 metres (50 feet) from the highwater mark of
Lake Ontario minimum; and
iii. Lot Coverage - 15 percent maximum.
26.5.1A Special Open Space-1A-Holding (OS-1A-H) By-law 2004-45
Part Lots 5, Concession B
Lake Ontario water frontage
That Section 26.5.1A be added.
a) No development including the removal or vegetation, the placement or
removal of fill or the construction of buildings or structures of any kind
shall be permitted within 30 metres of the cold water watercourse located
within the lands zoned OS-1
b) Notwithstanding the provisions of Section 26.5.1 of this by-law to the
contrary, on lands zoned OS-1A-H and shown on Schedule "A" attached,
all provision of the OS-1 zone shall apply plus the following special
provisions:
c) No development shall be permitted on lands zoned OS-1a-h until such
time as the holding (h) symbol has been removed by way of amendment
to this Zoning By-law in accordance with the provisions of the planning
Act,1990 as amendment.
d) Council may consider removal of the holding (h) symbol following
execution of a Site Plan Agreement in accordance with section 41 of the
Planning Act that addresses among other things, sewer and water
servicing, traffic impact and vehicular access, emergency service access,
stormwater management, flood plain and lakeshore protection, natural
heritage protection and railway buffering.
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26.5.2 Special Open Space 2-Holding (OS-2-H) By-law 2009-23
Part Lot 13 and 14 and Part of Road Allowance
Notwithstanding Section 26.2 of By-law 2001-58 to the contrary the only uses
permitted on lands zoned OS-2 shall be a stormwater management facility and a
subsurface sewage disposal system serving uses located on lands zoned
Special Hamlet Commercial (HC-5-H) Holding Zone.
All other provisions of the Open Space (OS) Zone shall apply.
26.5.2.2 Removal of The Holding - H Symbol
a) That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-
9-H and HC-5-H shall not proceed until such time as the "H" symbol has
been removed in accordance with the provisions of the Planning Act. The
"H" Holding symbol may be removed following completion of the following:
b) A Site Plan and Site Plan Agreement has been entered into between the
developer and the Township in accordance with the provisions of the
Planning Act. The Site Plan and Site Plan Agreement shall address,
where appropriate, such issues as access, traffic impact, site grading and
drainage, site servicing, landscaping, lighting, fencing, waste
management, emergency access, market impact study (if required) and
any other matters provided for in the Township Site Plan Control By-law
and Section 41 of the Planning Act.
26.5.3 Special Open Space-3-Holding (OS-3-H) By-law 2009-23
Part Lot 13 and 14 and Part of Road Allowance, Concession 1,
Parts 1 and 2 on RP 39R-612,
save and except Part 1 on RP 39R-1312
and save and except Parts 1 and 2 on RP 39R-10212
County Road 45
Notwithstanding Section 26.2 of By-law 2001-58 to the contrary the only uses
permitted on lands zoned OS-3 shall be a stormwater management facility, a
subsurface sewage disposal system serving uses located on lands zoned
Special Hamlet Commercial (HC-5-H) Holding Zone, a retail landscaping and
garden supply center, an emergency vehicle access driveway and a commercial
parking lot serving lands zoned Special Hamlet Commercial (HC-5-H) Holding
Zone.
No portion of the retail landscaping and garden supply center or commercial
parking lot shall be located closer than 30 meters (98.4 ft) to lands zoned Urban
Residential First Density (UR1) Zone.
The retail landscaping and garden supply center shall not include any permanent
buildings or structures and shall be limited to the retail sale of finished product
only.
26.5.3.2 Removal of the Holding - H Symbol
a) That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-
9-H and HC-5-H shall not proceed until such time as the "H" symbol has
been removed in accordance with the provisions of the Planning Act. The
"H" Holding symbol may be removed following completion of the following:
i. A Site Plan and Site Plan Agreement has been entered into between
the developer and the Township in accordance with the provisions of
the Planning Act. The Site Plan and Site Plan Agreement shall
address, where appropriate, such issues as access, traffic impact,
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site grading and drainage, site servicing, landscaping, lighting,
fencing, waste management, emergency access, market impact
study (if required) and any other matters provided for in the Township
Site Plan Control By-law and Section 41 of the Planning Act.
26.5.4 Special Open Space-4 (OS-4) By-law 2014-26
Part Lots 9, 10 and 11, Concession 2,
Block 37 and Part of Block 33 on RP 39M-722
26.5.4.1 Permitted Uses
a) Open space and conservation uses, including forestry, reforestation and
other activities connected with the conservation of soil and wildlife,
b) A fairground,
c) A public or private park, conservation area, playground, playing field,
recreational trail, swimming pool, wading pool, beach, picnic area,
bandstand, skating rink, tennis court, bowling green, golf course or other
similar outdoor recreational uses, both passive and active,
d) An accessory building or use to the above uses, including an accessory
commercial building or use to serve an open space use.
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Section 27 -Environmental Protection-Wetland (EP-W)
27.1 Preamble
Within an Environmental Protection - Wetland Zone (EP-W), no person shall use
any land, erect, alter, enlarge, use or maintain any building or structure for any
use other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to in
this section.
27.2 Permitted Uses
27.2.1 Permitted Principal Uses
a) A building or structure required by a public authority for flood or erosion
control or for conservation or wildlife management purposes;
b) A conservation use excluding any buildings;
c) Cranberry harvesting;
d) Fishing;
e) Hunting;
f) Use that was in existence on or before the date of passage of the Official
Plan; and/or
g) Wild rice harvesting
27.2.2 Permitted Accessory Uses
a) An accessory use to the above uses, excluding any buildings.
27.3 Zone Regulations
a) All applications for development on Environmentally Protection Wetlands
shall be dealt with on a site-by-site basis, at the time of application.
b) Additional zone regulations shall be established by Council at the time of
application in consultation with the Conservation Authority, the Ministry of
Natural Resources and/or the Trent Severn Waterway.
c) The appropriate setbacks from the high water mark of any lake, river,
stream, creek or wetland shall be established by Council at the time of
application in consultation with the Conservation Authority, the Ministry of
Natural Resources and/or the Trent Severn Waterway.
d) The removal of vegetation, placement or removal of fill or the construction
of buildings or structures of any kind shall be prohibited except those uses
permitted in accordance with subsection 27.2 iii.
27.4 General Provisions
All special provisions of Section 5 General Provisions shall apply, where
applicable, to any land, lot, building, structure or use within the Environmental
Protection-Wetland Zone (EP-W).
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Section 28 -Environmentally Sensitive Areas (ES)
28.1 Preamble
Within an Environmentally Sensitive Area (ES), no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure shall be
in accordance with the regulations contained or referred to in this section.
28.2 Permitted Uses
a) All uses permitted within the underlying zone classification.
28.3 Zone Regulations
a) For all uses, buildings and structures, the regulations of the underlying
zone shall apply.
b) Prior to issuing a building permit for any building or structure within the
Environmentally Sensitive Areas, the Township should be satisfied, in
consultation with the local Conservation Authority, that no physical hazard
exists which would cause harm to life or property and in this regard, the
Township, in consultation with the local Conservation Authority, may
require professional technical reports to be submitted in support of any
development (i.e. drainage reports, slope stability reports, environmental
reports). In this regard, the applicant is encouraged to consult with the
local Conservation Authority prior to submitting the building permit
application to determine the extent of the physical hazard and need for a
report.
28.4 General Provisions
All appropriate provisions of Section 5 General Provisions shall apply, where
applicable, to any land, lot, building, structure or use within the Environmentally
Sensitive Areas (ES).
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Section 29 -Oak Ridges Moraine Environmental (ORME)
29.1 Preamble
The following provisions shall apply to the Oak Ridges Moraine Environmental
(ORME) Zone.
29.2 Permitted Principal Uses
No person shall hereafter within an Oak Ridges Moraine Environmental (ORME)
Zone, use any land or erect, alter or use any building or structure for any purpose
except one or more of the following uses:
a) Uses legally existing as of November 15, 2001;
b) Conservation projects including flood and erosion projects;
c) Fish, wildlife and forest management;
d) Low intensity recreation as defined in Section 37 of the Oak Ridges
Moraine Conservation Plan;
e) Single detached dwelling subject to Section 5.28;
f) Transportation, infrastructure and utility uses in accordance with the
applicable policies of the Official Plan; and/or
g) Accessory uses to the above permitted uses.
29.3 Zone Provisions
Please review Schedule "M" to the By-law to identify the underlying zone, and
then refer to the Zone Provisions for that underlying zone.
Note: The Permitted Uses listing in the "underlying zone" do not constitute the
permitted uses within the Oak Ridges Moraine Environmental Zone.
29.4 Special Oak Ridges Moraine Environmental Zone 1 (ORME-1) By-law 2024-43
All other provision of the By-law shall apply except as specified by each special
zoning requirement.
29.5.1 Special Oak Ridges Moraine Environmental 1 (ORME-1) Zone
8054 Oak Ridges Moraine Drive
Part of Lot 23, Concession 8
39R14209 Parts 1,3,5,7&9
In addition to the uses permitted in the Oak Ridges Moraine Environmental Zone,
on lands zone Special Oak Ridges Moraine Environmental - 1 (ORME-1) zone, a
farm vacation facility is permitted consisting of a maximum of 3 sleeping cabins
and one guest cabin are also permitted on this property.
For the purposes of the Oak Ridges Moraine Environmental 1 (ORME-1) zone, a
sleeping cabin shall mean a small structure designed for sleeping
accommodation as part of an on-farm diversified tourism use and shall not
contain any plumbing or sanitary waste disposal system.
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Section 30 -Oak Ridges Moraine Core (ORMC)
30.1 Preamble
The following provisions shall apply to the Oak Ridges Moraine Core (ORMC)
Zone.
30.2 Permitted Uses
30.2.1 Permitted Principal Uses
No person shall hereafter within an Oak Ridges Moraine Core (ORMC) Zone,
use any land or erect, alter or use any building or structure for any purpose
except one or more of the following uses:
a) Uses legally existing as of November 15, 2001;
b) Agricultural uses;
c) Conservation projects including flood and erosion control projects;
d) Fish, wildlife and forest management;
e) Low intensity recreation, as defined in Section 37 of the Oak Ridges
Moraine Conservation Plan;
f) Single detached dwelling subject to Section 5.28;
g) Transportation, infrastructure and utility uses in accordance with the
applicable policies of the Official Plan; and/or
h) Un-serviced parks
i) On-farm diversified uses. On-farm diversified uses are only permitted in
prime agricultural areas in the Core zone.
j) Agriculture-related uses. Agriculture-related uses are only permitted in
prime agricultural areas in the Core zone.
30.2.2 Permitted Accessory Uses
a) Bed and breakfast establishment;
b) Home business;
c) Home industry; and/or
d) Accessory uses to the above permitted uses.
30.3 Zone Provisions
Please review Schedule "M" to the By-law to identify the underlying zone, and
then refer to the Zone Provisions for that underlying zone.
Note: The Permitted Uses listing in the "underlying zone" do not constitute the
permitted uses within the Oak Ridges Moraine Core Zone.
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Section 31 -Oak Ridges Moraine Linkage (ORML)
31.1 Preamble
The following provisions shall apply to the Oak Ridges Moraine Linkage (ORML)
Zone.
31.2 Permitted Uses
31.2.1 Permitted Principal Uses
No person shall hereafter within an Oak Ridges Moraine Linkage (ORML) Zone,
use any land or erect, alter or use any building or structure for any purpose
except one or more of the following uses:
a) Uses legally existing as of November 15, 2001;
b) Agricultural uses;
c) Conservation projects including flood and erosion control projects;
d) Fish, wildlife and forest management;
e) Low intensity recreation, as defined in Section 37 of the Oak Ridges
Moraine Conservation Plan;
f) Single detached dwelling subject to Section 5.28;
g) Transportation, infrastructure and utility uses in accordance with the
applicable policies of the Official Plan;
h) Un-serviced parks; and/or
i) Wayside pit
j) On-farm diversified uses. On-farm diversified uses are only permitted in
prime agricultural areas in the Linkage zone.
k) Agriculture-related uses. Agriculture-related uses are only permitted in
prime agricultural areas in the Linkage zone.
31.2.2 Permitted Accessory Uses
a) Bed and breakfast establishment;
b) Home business;
c) Home industry; and/or
d) Accessory uses to the above permitted uses.
31.3 Zone Provisions
Please review Schedule "M" to the By-law to identify the underlying zone, and
then refer to the Zone Provisions for that underlying zone.
Note: The Permitted Uses listing in the "underlying zone" do not constitute the
permitted uses within the Oak Ridges Moraine Linkage Zone.
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Section 32 -Oak Ridges Moraine Countryside (ORMCO)
32.1
Preamble
The following provisions shall apply to the Oak Ridges Moraine Countryside
(ORMCO) Zone.
32.2
Permitted Uses
32.2.1 Permitted Principal Uses
No person shall hereafter within an Oak Ridges Moraine Countryside (ORMCO)
Zone, use any land or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
a) Uses legally existing as of November 15, 2001;
b) Agricultural uses;
c) Conservation projects including flood and erosion control projects;
d) Fish, wildlife and forest management;
e) Low intensity recreation, as defined in Section 37 of the Oak Ridges
Moraine Conservation Plan;
f) Single detached dwelling subject to Section 5.28;
g) Wayside pit
h) On-farm diversified uses;
i) Agriculture-related uses;
j) Infrastructure uses;
k) Major recreational uses as described in Section 38 of the Oak Ridges
Moraine Conservation Plan;
l) Unserviced parks.
32.2.2 Permitted Accessory Uses
a) Bed and breakfast establishment;
b) Home business;
c) Home industry;
d) Accessory uses to the above permitted uses; and/or
e) Agriculture related uses
32.3
Zone Provisions
Please review Schedule "M" to the By-law to identify the underlying zone, and
then refer to the Zone Provisions for that underlying zone.
Note: The Permitted Uses listing in the "underlying zone" do not constitute the
permitted uses within the Oak Ridges Moraine Countryside Zone.
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32.4
Special Oak Ridges Moraine Countryside Zones
Part of Lot 14, Concession 8, 39R14703 Part 1
32.4.1 Special Oak Ridges Moraine Countryside 1 (ORMCO-1) Zone
Part of Lot 14, Concession 8,
39R14703 Part 1
Notwithstanding Section 5.12 of this By-law to the contrary, in the Special Oak
Ridges Moraine Countryside-1 (ORMCO-1) Zone, the minimum lot frontage
requirement is 4.5 metres.
All other provisions of this By-law shall apply.
32.5
Special Oak Ridges Moraine Countryside Zone-2 (ORMCO-2) By-law 2024-43
All other provision of the By-law shall apply except as specified by each special
zoning requirement.
32.5.1 Special Oak Ridges Moraine Countryside 2 (ORMCO-2) Zone
8054 Oak Ridges Moraine Drive
Part of Lot 23, Concession 8
39R14209 Parts 1,3,5,7&9
In addition to the uses permitted in the Oak Ridges Moraine Countryside Zone,
on lands zone Special Oak Ridges Moraine Countryside 2 (ORMCO-2) zone, a
farm vacation facility is permitted consisting of a maximum of 3 sleeping cabins
and one guest cabin are also permitted on this property.
For the purposes of the Oak Ridges Moraine Countryside 2 (ORMCO-2) zone, a
sleeping cabin shall mean a small structure designed for sleeping
accommodation as part of an on-farm diversified tourism use and shall not
contain any plumbing or sanitary waste disposal system.
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Section 33 -Oak Ridges Moraine Rural Settlement (ORMRS)
33.1
Preamble
The following provisions shall apply to the Oak Ridges Moraine Rural
Settlement (ORMRS) Zone.
33.2
Permitted Uses
33.2.1 Permitted Principal Uses
No person shall hereafter within an Oak Ridges Moraine Rural Settlement
(ORMRS) Zone, use any land or erect, alter or use any building or structure for
any purpose except one or more of the following uses:
a) Uses legally existing as of November 15, 2001;
b) Conservation projects including flood and erosion control projects;
c) Fish, wildlife and forest management;
d) Low intensity recreation, as defined in Section 37 of the Oak Ridges
Moraine Conservation Plan;
e) Single detached dwelling subject to Section 5.28;
f) Transportation, infrastructure and utility uses in accordance with the
applicable policies of the Official Plan; and/or
g) Un-serviced parks.
33.2.2 Permitted Accessory Uses
a) Bed and breakfast establishment;
b) Home business;
c) Home industry; and/or
d) Accessory uses to the above permitted uses.
33.3
Zone Provisions
Please review Schedule "M" to the By-law to identify the underlying zone, and
then refer to the Zone Provisions for that underlying zone.
Note: The Permitted Uses listing in the "underlying zone" do not constitute the
permitted uses within the Oak Ridges Moraine Rural Settlement Zone.
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Section 34 -Oak Ridges Moraine Mineral Extractive (ORMME)
34.1
Preamble
The following provisions shall apply to the Oak Ridges Moraine Mineral
Extractive (ORMME) Zone.
34.2
Permitted Uses
34.2.1 Permitted Principal Uses
No person shall hereafter within an Oak Ridges Moraine Mineral Extractive
(ORMME) Zone, use any land or erect, alter or use any building or structure for
any purpose except one or more of the following uses:
a) Uses legally existing as of November 15, 2001;
b) Sand, gravel pit or rock quarry extraction;
c) Fish, wildlife and forest management; and/or
d) Sand, gravel pit or rock quarry processing, washing, sorting or crushing
operation
34.2.2 Permitted Accessory Uses
a) Accessory uses to the above permitted uses
34.3
Zone Provisions
Please review Schedule "M" to the By-law to identify the underlying zone, and
then refer to the Zone Provisions for that underlying zone.
Note: The Permitted Uses listing in the "underlying zone" do not constitute the
permitted uses within the Oak Ridges Moraine Mineral Extractive Zone.
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Section 35 -Oak Ridges Moraine Environmental Plan Review
(ORMEPR)
The Oak Ridges Moraine Environmental Plan Review (ORMEPR) is an overlay
zone which identifies the area of influence from a key natural heritage feature or
a hydrologically sensitive area and its associated vegetative protection zone. All
development and site alteration in these areas will be guided by the underlying
zone provisions. A natural heritage evaluation and/or hydrological evaluation
completed in accordance with the Oak Ridges Moraine Conservation Plan shall
be prepared for all development and site alteration activity within the minimum
areas of influence and shall be approved by the Township in consultation with
the local Conservation Authority. Approval of the development is also subject to
site plan approval by the Township.
For the purposes of this By-law, minimum area of influence and minimum
vegetation zone is defined in Section 21 of the Oak Ridges Moraine
Conservation Plan.
This By-law read a first, second and third time and finally passed this 21 day of
May, 2019.
_____________________
Scott Jibb, MAYOR
_____________________
Daphne Livingstone, CLERK
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Appendix 'A' - Illustration of Sight Triangles
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Appendix 'B' - Illustration of Building Height Determinations
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Appendix 'C' - Illustration of Yard Definitions
Appendix 'D' - Illustration of Yard Definitions
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